Mere occurrence of breach doesn’t entitle claim for Liquidated Damages: Actual loss to be proved

Jammu & Kashmir Economic Reconstruction Agency Vs Simplex Projects Limited (Delhi High Court) Delhi High Court held that the Liquidated Damages clause does not entitle a party to claim the whole Liquidated Damages sum automatically upon the occurrence of breach. Liquidated Damages can be claimed subject to proving the actual loss suffered. Facts- The present petition is instituted under Section 34 of the Arbitration & Conciliation Act, 1996 thereby seeking part setting aside of the arbitral award dated 13.07.2024 delivered by the Arbitral Tribunal. The impugned award came to be delive...