contains any other stipulation by way of
penalty" comprehensively applies to every covenant
involving a penalty whether it is for payment on breach ... money or other property
already delivered. Duty not to enforce the penalty
clause but only to award reasonable compensation is
statutorily imposed upon courts
that "there never existed any basis for the respondent to invoke Clause 11 of the contract and to pass the impugned order and that ... disputes by way of arbitration. It is not even a case involving enforcement of any contractual obligations but a case requiring this Court to resolve
impugned Order has held that the parties should resolve their disputes
and enforce their respective rights in accordance with the Contract Act in
appropriate civil ... project and go. He submits that this
clause is prima facie illegal and non-enforceable as a contractor which
leaves the project before completion
scheme is
not enforceable. It is an obligation flowing from the contract which
is not binding. There is an arbitration clause in the agreement ... agreement executed
between RSRTC and bus operators even after imposition of
penalties. Therefore, the State has taken conscious decision after
looking to the aforesaid impediments
support of his submission
that clause of liquidated damages can be contractually incorporated,
which would be enforceable in law. These are:
( i) Oil & Natural ... such estimate of damages/compensation
is unreasonable or is by way of penalty, party who has
committed the breach is required to pay such compensation
Assistant General Manager State Bank Of ... vs Radhey Shyam Pandey on 2 March, 2020
Equivalent
The Vice Chairman And Managing ... vs Shishir Realty Pvt Ltd . on 29 November, 2021
Author
North Delhi Municipal Corporation & ... vs Gautam Anand on 22 March, 2018
Author: Prathiba M
Smt. Renu Bali vs Delhi Development Authority on 30 October, 2003
Equivalent citations: 108(2003
East Delhi Municipal Corporation vs Pawan Kumar Suri on 22 March, 2018
Author: Prathiba M
