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
High
Court that it was duty of the Court not to enforce penalty clause
but only to award a reasonable compensation, which had been
held
alia held that it was duty
of the Court not to enforce penalty clause but only to award a
reasonable compensation, which had been held
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
High Court that it
was duty of the Court not to enforce penalty clause but only to
OMP (Comm.) No. 192/2019 Union of India
alia held that it was duty of the
Court not to enforce penalty clause but only to award a
reasonable compensation, which had been held
Jinmangal Corporation vs Ahmedabad Urban Development Authority on 25 August, 2021
Author: J.B.Pardiwala
Jinmangal Corporation vs Ahmedabad Urban Development Authority on 25 August, 2021
Author: J.B.Pardiwala
aspects would really be relevant while determining
the question of enforcement of the penalty clause of the
Compromise/Settlement Agreement. The respondent has claimed ... what terms. If at all, the
proceedings are initiated for enforcement of the penalty clause, this
observation of the learned Executing Court shall not come
M/S Mvl Credits Housing And Leasing Ltd vs Agv Alfab Limited on 22 February
