Set-Off Claimed Buyer in Defective Goods Suit
Set-off claimed by the buyer in a commercial suit for defective goods reduces the seller’s claim only if the defects are proved and quantified. A bare…
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Assignment of a Commercial Debt to a Third Party – Who Can Sue in a Delhi Commercial Court
Assignment of a commercial debt to a third party transfers the right to sue only when the assignment is valid and the debtor has notice. Both the assignor and…
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Liquidated Damages Clause in a Delhi Commercial Contract – When the Full Amount Is Not Awarded
Liquidated damages clause in a commercial contract is enforced only if the sum is a genuine pre-estimate of loss. A penalty figure can be reduced by the court.
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Bank Guarantee Invoked Without Notice in a Delhi Commercial Contract
Bank guarantee invoked without notice in a Delhi commercial contract can be challenged if the contract required a prior demand or if the invocation was…
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interest on a Commercial Claim in Delhi When the Contract Is Silent
Interest on a commercial claim in Delhi when the contract is silent can still be awarded. Courts look at the MSME Act, the Interest Act or a reasonable…
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Written Statement Not Filed Within 120 Days in a Commercial Suit – What Happens Next
Written statement not filed within 120 days in a commercial suit can lead to the defence being struck off. The 120-day outer limit under the Commercial Courts…
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MSME Samadhaan vs a Commercial Suit – Which Route Actually Gets the Money
MSME Samadhaan vs a commercial suit is not the same claim. A delayed payment can go to the Facilitation Council first. Skipping it can stall the commercial…
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NRI Who Signed a Personal Guarantee for a Delhi Company – Can the Lender Sue You Abroad?
NRI who signed a personal guarantee for a Delhi company can still be sued in Delhi if the guarantee says so. Living abroad does not cancel the signature.
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NRI or Foreign Company Recovering an Unpaid Invoice in a Delhi Commercial Suit
NRI or foreign company recovering an unpaid invoice in a Delhi commercial suit needs a cause of action here, a power of attorney and the right specified…
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Non-Compete Clause After a Commercial Deal – When It Actually Binds
Non-compete clause after a commercial deal binds only if it is reasonable in time, area and trade. A blanket ban on earning a living is the clause courts cut.
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