IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS…1440-1441 OF 2015 (ARISING OUT OF SLP (C) NOS.35365-35366 OF 2012) M/S. CONSTRUCTION & DESIGN SERVICES VERSUS DELHI DEVELOPMENT AUTHORITY

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS…1440-1441 OF 2015

(ARISING OUT OF SLP (C) NOS.35365-35366 OF 2012)

M/S. CONSTRUCTION & DESIGN SERVICES …APPELLANT

VERSUS

DELHI DEVELOPMENT AUTHORITY …RESPONDENT

The question raised for our consideration is when and to what extent can the stipulated liquidated damages for breach of a contract be held to be in the nature of penalty in absence of evidence of actual loss and to what extent the stipulation be taken to be the measure of compensation for the loss suffered even in absence of specific evidence. Further question is whether burden of proving that the amount stipulated as damages for breach of contract was penalty is on the person committing breach….read more