(e) Every claim for license fee for the remainder of a lock-in period in a leave and license agreement is not per se a claim for damages, liquidated or unliquidated. In a given case, it may be in the nature of either, or in the nature of a penalty, or it may simply be a component of the contractual consideration and therefore a debt properly so-called when the contingency in contemplation comes to pass. This will depend on an interpretation of the contract in question and an assessment of the conduct of the parties.
IN THE HIGH COURT OF BOMBAY
Company Petition No. 496 of 2013
Decided On: 28.02.2014
Indiabulls Properties Pvt. Ltd. Vs. Treasure World Developers Pvt. Ltd.
Hon'ble Judges/Coram:
G.S. Patel, J.
Citation: MANU/MH/0249/2014,2014 SCCOnLine Bom 4768.
Read full Judgment here: Click here
Print Page
No comments:
Post a Comment