Board of India Act, 1992 and clearly grant of such damages
are consequential damages and were beyond the jurisdiction of the Arbitral
Tribunal ... award interest on damages as granted by the Arbitral
Tribunal tantamounts to grant of damages on damages. It was urged that this
is beyond
does not include consequential damages, as
otherwise there was no reason to separately
provide for reimbursement on account of
consequential damages for failure of pipe ... limit for all types of damages, it does
not stand to reason why a separate paragraph
dealing with consequential damages upto
maximum
2015 00:00:20 :::
ppn 10 arbp-372.13(j).doc
20. CONSEQUENTIAL DAMAGES :
Notwithstanding either party's fault, neither party shall be
liable ... other party in respect of any consequential
damages whatsoever. The term "Consequential damages" as
used herein shall include without limitations to the meaning
consequential damages and not damages resulting directly and naturally from the breach of the contract. He submitted that the concept of consequential damages is different ... damages claimed by the respondent are direct damages arising out of the breach of the contract and the respondent has not claimed consequential damages under
contention that the
damages itself is prohibited in the contract. When the contract prohibits claiming
of consequential damages, Awarding damages by the Arbitrator is certainly ... limited as specified in these conditions and does not include
consequential damages, either direct or indirect, no expenses for
repairs or replacement or otherwise paid
Claim
No.A2 (Refund of Liquidated Damages) and Claim No.D (Consequential
Damages due to stoppage of work) and also filed the written submissions ... Claim No.D- Consequential Damages:
19. As far as claim for consequential damages is concerned, the
original claim was made
adjusted only towards deficiencies in performance and not against consequential damages as consequential damages of both parties excluded as per contract. Thus ... misdirected itself. Clauses 17 and 18, which deal with liquidated damages and consequential damages, are not relevant for the case. They are applicable only during
contractor including the
consequential damages. The decision of the Regional
Manager, CWC, Container Freight Station, Jawaharlal
16 ST/88538/2014
Nehru Port, Navi Mumbai shall ... 88538/2014
per TEU/Per day including consequential damages on the
contractor plus ground rent of a loaded container on TEU
basis on the highest
till realisation. Further
direct OPs to pay Rs.20 lakhs towards consequential damages
incurred and to pay Rs.2 lakhs for causing mental agony ... claim till realisation
and to pay Rs.20 lakhs towards consequential damages incurred
6 CC/7/2016
and to pay Rs.2 lakhs for causing
suit based on Section 73 of the
Indian Contract Act for consequential damages due to subsequent sale
of the property by Shakuntala Sharma to Jaileshwari ... find that the suit of Shakuntala Sharma for
consequential damages due to breach of contract amounting to Rs.
57,51,000/- cannot be decreed
