LexDraft · Judgments

ONGC v. SAW Pipes

Supreme Court of India · (2003) 5 SCC 705 · 2003

penalty clause section 74 contract act liquidated damages reasonable compensation

Held: Clarified that penalty clauses are not enforceable; courts award reasonable compensation.

Ratio decidendi

Penalty clauses under Section 74 of the Contract Act are not enforceable as written; courts award reasonable compensation.