Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 1998 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1998 (10) TMI 527 - SC - Companies LawWhether Party No.1 has suffered any damages, if so, is entitled to any compensation? Whether the claim is barred by acquiescence, laches, estoppel, limitation and res judicata? Held that:- In any event, we do not find it possible to accept learned counsel’s submission that granting compensation for the alleged lost potential of the land was permissible moulding of the relief. It was not the case of the appellants in the writ petition, even in the alternative, that the land could not be reclaimed and there was no claim for compensation for the slleged lost potential of the land or averments or particulars in support thereof. The relief that was sought was direction to the second respondent to reclaim the appellants’ land; awarding compensation for the alleged lost potential of the land was not moulding the relief that was sought. We hold that the award of Rs.77,19,800 for "loss of potential of land" and interest thereon falls outside the scope of the reference to arbitration and is not in relation to a dispute contemplated thereby. The award dated 2nd January, 1998 is set aside.
|