Oyo Hotels And Homes Pvt. Ltd. vs Lenskart Solutions Pvt. Ltd. on 24 September, 2021
In
CS (COMM.) No. 13/2023
(Vatika Hotels Pvt. Ltd. vs. Lenskart Solutions Pvt. Ltd.) Page No. 10 of 30
terms of Clause 4.1 of the said Agreement, plaintiff had
undertaken to carry out assignments entrusted to the plaintiff
with utmost diligence. Plaintiff had further undertaken to
indemnify and hold the defendant harmless of all losses on
account of any liability, claims, actions, fines, penalties, losses,
liabilities, damages, suits or judgments (including without
limitation the cost of defending or settling any action, claim or
demand) which the defendant may suffer or incur or which may
be made against the defendant including for any act or omission
of the plaintiff or its staff, agents or employees.
3.11 Defendant alleged that the services provided by the
plaintiff were completely sub-standard and the requisite
deliverables as per the understanding between the parties were
not delivered. The work done by the plaintiff's team was not as
per expected standards and of an extremely poor quality. The
standard quantity and quality of the deliverables were also not
adhered to by the team of the plaintiff and the defendant had to
constantly take up the said issues with the plaintiff but there was
still no improvement.