Union Of India vs Sea Rock ( Contractors ) on 30 August, 2025
18. The Ld. Sole Arbitrator vide award dt. 31.07.2015, taking into
consideration, that liquidated damages have been levied and recovery for
an amount of Rs. 75,066/- has been effected from the final bill without
the petitioner herein having proved the losses having being suffered by
the petitioner, awarded an amount of Rs. 75,066/- to the
claimant/respondent herein. The Ld Sole Arbitrator has given detailed
reasons and has discussed at length the judgment of BWL Limited Vs
MTNL 2000 (2) Arb LR 190 (Delhi), DDA Vs Bharat Furnishing
Company, J G Engineers Vs UOI 2011 (2) Arb LR 84 (SC) and also the
judgments of Maula Bux Vs Union of India and Indian Oil Corporation
Vs Llyods Steel Industries Ltd 2007 (4) Arb LR 84 (Delhi) to highlight
that in the absence of any loss, liquidated damages cannot be levied. It
has been discussed by Ld Sole Arbitrator that no evidence has been led
by the petitioner of suffering any financial loss because of the delayed
completion of work. It has further been observed by the Ld Sole
Arbitrator that the Engineer In-Charge has certified on EOT that the
government has not suffered any loss due to delay in the work.