Supreme Court of India
Mahanagar Telephone Nigam Ltd. v. Tata Communications Ltd.
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From the headnote
Contract Act, 1872 – ss. 74 and 70 – Compensation for br each of contract wher e penalty stipulated for – Claim in quantum meruit u/s. 70 when parties governed by contract – Permissibility of – Pur chase Or der wher ein r espondent was to pr ovide last mile connectivity at two places of the appellant and levy of liquidated damages were to be limited to a maximum of 12% – Bills raised by the r espondent for the ser vices r ender ed amounting to Rs. 2,15,25,512/- – On account of limitation of 12%, the appellants could not have levied and deducted an amount mor e than Rs. 25,83,181/-, however ,
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