Bank Guarantee is an act of levying penalty. There
cannot be any argument that any penalty can only be imposed or carried
out when ... which attracts such a
penalty as provided under the law.A penal clause requires to be construed
and enforced strictly. Since the requisite period
Mr P Varadarajan & Ors vs Dr. A. Jawahar Palaniappan & Anr on 18 November
271H , the exception is provided that no penalty shall be levied for the failure
referred to under clause (a) of sub-section ... Provided further that no penalty shall be levied under this section for the failure
referred to in clause (k), if such failure relates
271H, the exception
is provided that no penalty shall be levied for the failure referred
to under clause (a) of sub-section ... Thar
Provided further that no penalty shall be levied under this
section for the failure referred to in clause (k), if such
failure relates
271H, the exception is
provided that no penalty shall be levied for the failure referred to under clause (a) of sub-
section ... Provided further that no penalty shall be levied under this section for the failure referred
to in clause (k), if such failure relates
proposed a payment towards
settlement of DVC liabilities as set out in clause No. 6.6 of
section 2 of part (B) (Financial Proposal) of this ... further claims whatsoever by DVC
and all rights to invoke or enforce the same shall be
waived.This will assist the RA in immediate start
proposed a payment towards settlement of DVC liabilities
as set out in clause No. 6.6 of section 2 of part (B)
(Financial Proposal) of this ... further claims whatsoever by
DVC and all rights to invoke or enforce the same shall be
waived. This will assist the RA in immediate start
Scheme, 2022 and that the respondent
should be directed to refund the penalty amount of
Rs. 3,70,000/- cannot be granted in the facts ... opportunity."
8. A perusal of the Clause 6 would indicate that an entity
against whom enforcement proceedings have been approved
or initiated
mode through which the Board is entitled to enforce order
of penalty that may be passed by following the procedure prescribed.
21. As stipulated ... development of the
CGD network.
22. The "restructuring" covered by clause 8 of the instructions to bidders,
in relation to the case
Budhpur Buildcon Private Limited vs Mr. Abhay Narayan Manudhane on 9 September, 2022
NATIONAL COMPANY
