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The article discusses the need to show proof of loss incurred due to a breach of contract to claim damages under a penalty clause, along with an analysis of a case on this topic that came up before the Delhi High Court.
Introduction Litigation often turns out to be a drawn-out, tedious and expensive pursuit. This is particularly true in civil suits or disputes, which may last for years and often culminate in a decision which makes even the victorious party feel the brunt of the prolonged process. The 222nd Report of the Law Commission(1), among other things, acknowledged that "delay in disposal of cases in law Courts, for whatever reason it may be, has really defeated the purpose for which the people approach the courts for redressal". It is a universally recognised principle that justice delayed is justice ...