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2014 Supreme(Online)(SC) 245

SUPREME COURT
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Gian Chand and Others v. M/s. York Exports Ltd. and Another


Advocates:
For the Appellants/Petitioners: Jayant Bhushan
For the Respondents: Deepak Sibal

Table of Content
1. agreements must define performance terms clearly to avoid claims of frustration. (Para 2 , 4 , 5)
2. interest can be awarded based on use of funds regardless of contract performance issues. (Para 6 , 7 , 9)
3. failure to prove damages links to non-performance does not entitle forfeiture. (Para 8 , 10)
4. court affirms the original decree due to lack of contractual frustration evidence. (Para 11)

1. Leave granted.

2. This Civil Appeal is directed against the judgment and order dated 14.6.2012 passed in Original Side Appeal No. 9 of 2005 by the High Court of Himachal Pradesh at Shimla, whereby it has dismissed the appeal of the appellants herein by concurring with the judgment and decree dated 3.10.2005 passed in Civil Suit No. 31 of 1997 by the learned Single Judge in decreeing the suit for payment of money at 39,20,000/- with 6% interest per annum from the date of institution of the suit till the date of payment of decretal amount to the respondents giving its reasons in the impugned judgment though it did not entirely agree with the reasonings provided by the learned single Judge. Correctness of the same with regard to the interest from the institution of the suit t




















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