Mr. Umesh Digamber Redkar, vs Mr. Remy Rodrigues @ on 8 October, 2014
BEFORE THE GOA
omitted and instead implementation of order was provided by
imposition of a penalty u/s.27 exercising powers of a First Class Judicial
Magistrate ... obstante clause and therefore limitations
of applicability of summary trials on the basis of quantum of penalty cannot be
made applicable in a proceeding
accepted the premium from the complainant alongwith
penalty as per clause of penalty indicated in the terms and conditions of the
policy. Whenever the respondent ... accepted the premium of the policy it means
that the policy remained enforce automatically since 24.2.2006 to 23.2.2007 and
disease occurred during that period
Contempt of Court Act whereas Section 12
has the same scope as penalty under Sub-section (1) of Section ... Section 27 of
the Act has been introduced to enforce any order made by the District Forum,
State Commission or the National Commission
with all amenities, within a period of three months; pay penalty as per Clause 13.4 of the Agreement; pay interest @15% on the deposited amount ... arbitration Clause No.34 in the Apartment Buyer's Agreement dated 15.11.2011; that since the present complaint related to enforcement of an agreement
relegated to an alternative remedy of Arbitration, as provided under Clause 39 of the Buyer's Agreement. It was further pleaded that, as such ... contract. It was further pleaded that since the complainant sought the enforcement of Agreement, in respect of the immovable property, only a suit for specific
time stipulated to hand over the physical possession; pay penalty as per clause 13.7 of the Agreement; pay interest @15% p.a. on the deposited ... arbitration Clause No.34 in the Apartment Buyer's Agreement dated 01.03.2012; that since the present complaint related to enforcement of an agreement
month for the time stipulated, pay penalty as per Clause 13.4 of the Agreement; pay interest @15% on the deposited amount from respective dates ... arbitration Clause No.34 in the Apartment Buyer's Agreement dated 09.11.2011; that since the present complaint related to enforcement of an agreement
stated here, that, in the instant case, as stated above, as per Clause 8 of the Plot Buyer's Agreement dated 30.11.2011 Annexure ... execution of the same (Agreement), failing which they were liable to pay penalty @Rs.50/- per sq. yd, per month, for the period of delay
shop. Reliance
was placed by the Counsel for the Opposite Party, on Clause 21 of the Central
Plaza Premises Buyer`s Agreement Annexure ... sole discretion, waive its right to terminate this Agreement and enforce
all the payments and seek specific performance of this Agreement. In such a
case