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    <title>2013 (4) TMI 622 - BOMBAY HIGH COURT</title>
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    <description>A contractual claims procedure requiring monthly submission of claims and prior reference of disputes to the engineer was treated as waived where the employer itself prepared the interim and final bills and controlled the billing process. The contractor&#039;s claims were therefore not barred, and the tribunal&#039;s factual finding that the individual claims were not shown to be time-barred was upheld without interference under section 34 or section 37. The arbitral tribunal was also entitled to award interest because the contract did not exclude that power, and section 31(7)(a) of the Arbitration and Conciliation Act, 1996 permits interest unless contractually barred. The challenge to the award failed.</description>
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    <pubDate>Tue, 02 Apr 2013 00:00:00 +0530</pubDate>
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      <title>2013 (4) TMI 622 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=233358</link>
      <description>A contractual claims procedure requiring monthly submission of claims and prior reference of disputes to the engineer was treated as waived where the employer itself prepared the interim and final bills and controlled the billing process. The contractor&#039;s claims were therefore not barred, and the tribunal&#039;s factual finding that the individual claims were not shown to be time-barred was upheld without interference under section 34 or section 37. The arbitral tribunal was also entitled to award interest because the contract did not exclude that power, and section 31(7)(a) of the Arbitration and Conciliation Act, 1996 permits interest unless contractually barred. The challenge to the award failed.</description>
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      <pubDate>Tue, 02 Apr 2013 00:00:00 +0530</pubDate>
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