transaction between the
parties was commercial and even as per trade, usage and
practice, the plaintiff is entitled to claim and recover the amount
Contact Act or by
ignoring the terms of the contract or usage of trade applicable to the
Arbtn.12/14
Jagbir Kumar
Vs.
Indiabulls Housing ... been violated or which particular term of
contract or usage of trade has been ignored. No Award could be set
aside merely on the basis
form of standard form contract containing
provisions signifying trade usage and practice prevalent in the said field of
trade/commerce.
f) That the terms ... date due,
which even otherwise has sanction of practice and trade usages in that field of
commerce/activities.
CS No. 599341/16 HDFC Bank
form of standard form contract containing provisions signifying
trade usage and practice prevalent in the said field of
trade/commerce with concurrence of regulators
rate of interest in the market and is also as per trade usage and
custom. Further, it is pleaded that defendant is liable
charges invoices of
the said goods, coupled with the usage and custom of the trade. Further plaintiff
sent various reminders to defendant but even then ... goods. Defendant has further failed to
prove that there is a trade usage and custom whereby transporter is required to
collect consignee copy from
form of standard form
contract containing provisions signifying trade usage and practice prevalent
Page 2 of 6
HDFC Bank Ltd. V. Raj Kumar
stated in the plaint.
3 It is further stated that traded in shares through the plaintiff on
NSE and BSE from 10.05.2006 to 14.12.2006. Plaintiff ... which is as per market custom, trade usages, as
well as under the Interest Act . A sum of Rs. 4,76,366.40 from
instant matter, the plaintiff had directly negotiated with
one 'Modern Trade Retailer' namely Big Bazaar on all commercial
aspects of business ... interest claimed is said to be in accordance with current trade, usage
and custom.
7. On 04.03.2015, the following issues were framed by the Court
same along with interest @ 18% per
annum as per market custom, trade usages and the same is now a
days prevalent in the business community