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11. It was urged that the section deals in terms with the right to
receive from the party who has broken the contract reasonable
compensation and not the right to forfeit what has already been
received by the party aggrieved. There is however no warrant for
the assumption made by some of the High Courts in India, that
Section 74 applies only to cases where the aggrieved party is
seeking to receive some amount on breach of contract and not to
cases where upon breach of contract an amount received under
the contract is sought to be forfeited. In our judgment the
expression the contract contains any other stipulation by way of
penalty' comprehensively applies to every covenant involving a
penalty whether it is for payment on breach of contract of money
or delivery of property in future, or for forfeiture of right to
money or other property already delivered. Duty not to enforce
the penalty clause but only to award reasonable compensation is
statutorily imposed upon courts by Section 74. In all cases,
therefore, where there is a stipulation in the nature of penalty
for forfeiture of an amount deposited pursuant to the terms of
contract which expressly provides for forfeiture, the court has
jurisdiction to award such sum only as it considers reasonable,
but not exceeding the amount specified in the contract as liable
to forfeiture. and that,