Satish Batra vs Sudhir Rawal on 18 October, 2012
He submits that the aspect of actual loss
is not an aspect which should have been examined
in the nature of the proceedings before the Court
and refers to the judgment of this Court in Satish
Batra Vs. Sudhir Rawal, (2013) 1 SCC 345, which has
referred to the earlier judgments too in respect of
“Earnest Money” Clauses. It was opined that in
case of default by buyer the seller was entitled to
forfeit unconditionally the earnest money paid in
terms of the clauses stipulated as it is in the
nature of a pre estimate of damages stipulated with
the objective of the parties complying with their
contractual obligations.