https://www.taxtmi.com/caselaws?id=293353 An amended repair arrangement was held to have altered the original AMC under section 62 of the Contract Act, but it did not extinguish liability already accrued for delay up to the effective date of alteration. The contract's fixed daily damages clause remained enforceable for delayed repair and delivery of handsets. On challenge under section 34, the Court applied sections 73 and 74 and held that precise proof of actual loss was not indispensable where the clause reflected a genuine pre-estimate and the loss was difficult to quantify. The arbitrator's assessment of reasonable compensation was not shown to be contrary to public policy or patently illegal, so the award was sustained. en-us Mon, 07 May 2018 00:00:00 +0530 Sat, 06 Feb 2021 09:50:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293353 An amended repair arrangement was held to have altered the original AMC under section 62 of the Contract Act, but it did not extinguish liability already accrued for delay up to the effective date of alteration. The contract's fixed daily damages clause remained enforceable for delayed repair and delivery of handsets. On challenge under section 34, the Court applied sections 73 and 74 and held that precise proof of actual loss was not indispensable where the clause reflected a genuine pre-estimate and the loss was difficult to quantify. The arbitrator's assessment of reasonable compensation was not shown to be contrary to public policy or patently illegal, so the award was sustained. Case-Laws Indian Laws Mon, 07 May 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293353