raised and settled by the concerned
Member directly with ONGC.
9.6 Mitigation of Damages
Each Member will be under the obligation to mitigate its damages
principle of law on damages that the party should
plead and prove the damages and also take action for mitigation of
such damages ... subject to proof of damages and the duty to mitigate,
recover the damages suffered as of the date of the breach of the
contract. This
make
available the contracted capacity from the power station and
to mitigate the damages payable by the generator to the
procurer on account ... twelve (12)
months at a tariff not exceeding the Tariff to mitigate the
damages payable by the Company to the Procurer and
without affecting
made as an amount payable to the
appellant/complainant towards realization of damages. Infact that amount is not
recovered by the appellant, it is liability ... benefit and not to the
appellant in helping out to mitigate damages towards the loss suffered by it.
As stated above, the respondent/opp.party
have got these minor repairs and leased out the
property to mitigate the damages, when the possession was delivered
as long back as in June ... Indian Contract Act when damages are
claimed the complainants have to explore all possibilities and see
that the damages are mitigated. For whatever loss that
goods. You are having the last chance to help us mitigate our damages by the said import duty refund.
If you do not take appropriate ... with the Korean Customs Office in accordance with Korean laws to mitigate our damages. Korean Customs Office granted our application of the import duty refund
scrap or otherwise dispose of such Products
for the purpose of mitigating its damages after mutual
discussion with Supplier
9. TITLE AND RISK
9.1 Title
dispense with the calculation and proof of actual
damages.
x) The contention of mitigation of losses is misconceived.
The damages in the present case ... suffered. In the circumstances, the question of
assessment of damages by applying the principles of
mitigation does not apply.
xi) Gujarat Urja is entitled
personal service cannot be
specifically enforced or the doctrine of mitigation of damages does not
haunt in this branch of law. The relief of reinstatement
complainant. The complainant informing the development, in order to mitigate the damages, took delivery of the goods, incurring
