damages made by the respondent
against the petitioner on the ground that since there was a provision for liquidated
damages, those claims for damages thus ... arbitrator had rejected those claims
for damages under other heads, the learned arbitrator could not have awarded the
claim for liquidated damages for the alleged
defendant Electricity Board entitled to claim Liquidated Damages from the Plaintiff ?
12. The facts germine for the disposal of the suit:-
12.1. The plaintiff ... claim the liquidated damages and therefore they had rightly recovered a sum of Rs.1,43,76,797/- towards liquidated damages for the delayed execution
NCCL-EPC
contracts; the claims were separate and mutually exclusive; the 1st
respondent had the right to claim liquidated damages against both
the parties concurrently ... right to claim damages from CTC,
under the supply FOB contract, could not curtail the first
respondents right to claim liquidated damages from the appellant
NCCL-EPC
contracts; the claims were separate and mutually exclusive; the 1st
respondent had the right to claim liquidated damages against both
the parties concurrently ... right to claim damages from CTC,
under the supply FOB contract, could not curtail the first
respondents right to claim liquidated damages from the appellant
arbitrator had done. The claim of US$ 3.5 million by the claimant was
claim for liquidated damages for the reasons that it had not referred ... persons which also gave cause of action to the claimant to claim
liquidated damages against the respondent. The respondent had also
filed frivolous complaints against
genuine pre-estimate of damages. A provision for liquidated
damages is only the outer limit beyond which a claim cannot be
made.
39. The Tower ... party claiming damages, that will
not convert a claim for damages into a claim for an
ascertained sum due. Liability to pay damages
arises only
damages for breach of the contract
between the parties. Now, it is true that the damages
which are claimed are liquidated damages under Clause ... liquidated damages as prescribed in the contract are to be awarded or not.
Even if there is a stipulation by way of liquidated damages
liquidated damages is concerned. There is a clear departure under
English Common Law from Indian Law on the issue of proof of
liquidated damages ... submission
that the VML was not required to prove damages for claiming liquidated
damages. The VML was entitled to recover the stipulated sum of
compensation
levy of liquidated damages presumably because of delay in
providing necessary inputs for commissioning of the plant and
sought imposition of liquidated damages ... occasion. On the last occasion, it merely reserved its right to
claim liquidated damages.
6.13 Admittedly the GTR commissioning of the plant which
was part
time before. Thus, any claim/ provisions for such kind of claim whether it is called as liquidated damages or whether it is accounted as bank ... liability thereof to pay the liquidated damages to its customers.
4. the stipulated term as regards liquidated damages does not in any manner suggests that
