tag:blogger.com,1999:blog-3202774368551476669.post181904586666627532..comments2023-09-15T16:21:31.980+05:30Comments on INDIAN CORPORATE LAW: Notice Clause: “On or as soon as reasonably practicable”Umakanth Varottilhttp://www.blogger.com/profile/12438677982004444359noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-3202774368551476669.post-20772838744290304342015-03-13T03:00:33.366+05:302015-03-13T03:00:33.366+05:30Reaction (suggestive):
On the first blush, the ‘f...Reaction (suggestive):<br /><br />On the first blush, the ‘facts’ as narrated, do not seem to be complete ; hence, are not quite clearly understood.<br /><br />In one’s view, as a general proposition, however, in case there has been a clean breach of contract obligation on any date, hence a contract agreement, in terms, becomes ‘terminable’ as of that date, then the right to terminate/treat it as terminated by the aggrieved /complainant instantly accrues in his favour. If so, giving a formal notice to the violator, more so simply a delay in doing so, ought not, as perceived, prejudice/negate a claim for damages.<br /> <br />The notice clause is dubiously and clumsily worded, unwittingly or otherwise; and could possibly be looked at as a case of deliberate ‘one-sided agreement’ or inept/incompetent drafting. <br /><br />Even otherwise, the reasoning of the court in taking the view in favor of the complainant cannot be faulted but may be fully supportable, if were to be judged by the common law principle of ‘natural justice’. <br /><br />Perhaps, this could be a fit case for urging that ‘intention’ of parties not having been made quite clear or decipherable, doing violence to the ‘wording’ was called for, so as to render justice.In substance,that appears to be the rationale behind the verdict.<br />An instance of,- "Daniel" having come to render justice.vswaminoreply@blogger.com