under a contract and the courts have been enjoined not to enforce penalty
clause but only to award reasonable compensation.
j). The proposition has been ... under a contract and the courts have
been enjoined not to enforce penalty clause but only to award reasonable
compensation.
q). In the facts
contains
any other stipulation by way of penalty" comprehensively
applies to every covenant involving a penalty whether it
CS Nos.618395/16 Paramjeet Singh ... money or other property already delivered. Duty not to
enforce the penalty clause but only to award reasonable
compensation is statutorily imposed upon Courts
case of compensation for loss. It is a case of enforcement of a
condition providing for reduced consideration in the event of
delayed performance ... damage, an amount named in Clause 7(i) of
the agreement either as compensation or as penalty cannot be
enforced. Ld. Counsel for respondent argued
penalty clause for
breach and a cheque is issued at the time of execution of such agreement for
securing the penalty clause, such that ... enforce payment
under a bounced cheque if it is otherwise enforceable in civil law. Since penalty
clauses, in entirety, are not enforceable even under civil
M/S Mubarak Overseas Private Limited vs Union Of India & Others on 28 September
M/S Mubarak Overseas Private Limited vs Union Of India & Others on 28 September
M/S Atc Foods Private Limited vs Union Of India & Others on 28 September
Represented By vs M/S Tayal & Co on 20 January, 2022
IN THE COURT
that it is the duty of the court not to
enforce the penalty clause but only to award reasonable
compensation has been held ... that it is the duty of the court not to enforce the penalty clause but only
ARB No 584281/2016 Union of India
Intent dated 09th December 2008 in the condition of
purchase under clause 16 stated as follows:
16.LIQUIDATED DAMAGES
Failure to supply the items ordered ... undelivered portion of
the material.
The other relevant clause which is important is Clause 3 which states as
follows:
"3. DELIVERY PERIOD
Progressive Delivery
