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DELHI HIGH COURT
V.KAMESWAR RAO
Karambir Singh Khatri – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent
| Table of Content |
|---|
| 1. force majeure due to covid-19 affects contractual obligations. (Para 1 , 4) |
| 2. petitioner argues for reduction of license fee. (Para 2 , 3) |
| 3. respondent insists on adherence to contract terms. (Para 5 , 9) |
| 4. court analyzing prima facie case for interim relief. (Para 6) |
| 5. clause 18 interpreted as a force majeure provision. (Para 7 , 8) |
| 6. court orders deposit for balance fee to prevent coercive action. (Para 10 , 11 , 12) |
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 5951/2022 in W.P.(C) 2067/2022
CM APPL. 5953/2022 in W.P.(C) 2068/2022
1. These applications have been filed seeking a restraint order against the respondent from demanding/recovering the payment of Rs.4,75,01,672/- (W.P.(C) 2067/2022) and Rs.2,10,63,888/- (W.P.(C) 2068/2022) from the petitioner and with a further direction that the respondent be restrained from taking any coercive action for non-payment of the aforesaid amounts. It is the submission of Mr. Kirti Uppal, learned Senior Counsel for the petitioner, that the petitioner was awarded two contracts with regard to car parking sites at Shivaji Place, West Delhi, District Centre, Raja Garden, Delhi (W.P.(C) 2067/2022) and G-Block, Jahangir Puri, b
A force majeure clause may apply to contract obligations if unforeseen circumstances, such as a pandemic, prevent performance, potentially allowing for reductions in contractual fees.
In case the site is required by the Licensor for its own or public purposes, the Licencee shall have to hand over the vacant possession of the site at once.
The court upheld the DMRC's payment scheme for parking contracts during COVID-19, emphasizing the importance of conciliation and arbitration for disputes and affirming the rationale behind adjusting ....
The court recognized that pandemic restrictions constitute force majeure, relieving the petitioner from paying license fees during lockdown and entitling her to seek the return of the security deposi....
The main legal point established is the enforcement of conciliation and arbitration clauses in contracts, the waiver of license fee during force majeure events, and the interpretation of payment mech....
The COVID-19 lockdown is recognized as a force majeure event affecting contractual obligations, necessitating equitable treatment for parties under similar circumstances.
A writ petition becomes infructuous when the subject matter is no longer viable due to subsequent developments.
Compensation is an adequate relief for non-performance of a contract, and no injunction can be issued preventing termination of a license.
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