with a specific statement
inter alia that the amount equivalent to liquidated damages for delay
in supply of pipes would be recovered from the respondent ... damages. The
plaintiffs must prove the damages they have suffered."
He submitted that this Court has also held that the plaintiff
claiming liquidated damages
held that where the parties have
deliberately specified the amount of liquidated damages,
there can be no presumption that they at the same time
intends ... facts and circumstances,
there can be no question of any liquidated damages.
Resultantly it cannot be said that provisions of Section 74 of
the Contract
extension upto 31.7.1995 by letter
dated 24.8.1995, without levying any liquidated damages. The contractor
proceeded with the work even thereafter. However, as the progress ... alternative
agency - recoverable as per clause
(3) of the agreement
2. Liquidated damages levied under Rs.56,84,998 Nil
clause (2) of the agreement
Stipulation of amount of damages in contract-Claim for
damages for branch--If claim for liquidated or unliquidated
damages.
'Sums due,' meaning ... present case, the claim is for damages for
breach of the contract. The damages claimed are liquidated
damages under cl. 14 of the Contract
damages they must be deemed to exclude the right to claim an unascertained
sum of money as damages. …. Again the right to claim liquidated damages ... damages reasonably anticipated. 198-Liquidated damages must bear a
reasonable relationship to actual damages, and a liquidated-damages clause
is invalid when the stipulated amount
entitlement of
forfeiture arises only because the forfeited amount is liquidated
damages under Section 74 of the Contract Act. That the forfeiture of
earnest money ... nothing but forfeiture of liquidated damages is
clearly so clarified by the recent judgment of the Supreme Court in the
case of Kailash Nath Associates
liquidated damages but goes in reduction of damages. Of course the parties may agree that the deposit shall be treated as liquidated damages ... liquidated sum," and he was of opinion that the cases cited showing the distinction between penalty and liquidated damages have no application
decided in this appeal
are:
i) Whether the levy of liquidated damages under
clause 16.2 of the tender document is an
2
"excepted matter ... schedule for delivery of the goods. It also provided for
liquidated damages in the event of failure on the part of
the respondent to meet
ordered
the payment of Rs. 20,000 to the plaintiff as liquidated
damages or penalty as stipulated in the agreement ... that the parties themselves having stipulated for
Rs. 20,000 as liquidated damages in the event of a breach by
the first defendant, the presumption
respondent was also made a
party. The respondent also recovered liquidated damages to the
extent of 10 per cent of the contract value amounting ... liable to pay liquidated
damages and clause 16 dealing with quantification of damages.
The quantification of limited damages came in the category of
excepted matters
