Understanding Shipment Delay for Legal Light Consulting – LLC

A dispute arose on 07-02-2025 due to a full shipment delay. Let’s explore this scenario in detail and the possible legal remedies to address such a situation, especially for a firm like Legal Light Consulting – LLC.

Scenario Overview

• Date of Dispute: 07-02-2025
• Reason: Full shipment delay.

Probable Remedies and Legal Actions

1. Mediation

Mediation is a process where a neutral third party helps the disputing parties reach a settlement. In this case, mediation notice has been served as mandatory, but mediation has not been initiated yet, which is a requirement.

Act & Section:

• The Commercial Courts Act, 2015
  • Section 12A: Pre-Institution Mediation and Settlement

Procedural Aspects:

• The Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018
  • Rule 3: Initiation of mediation process
  • Rule 6: Representation of parties
  • Rule 7: Procedure of Mediation
• The Mediation Act, 2023
  • Section 5: Pre-litigation mediation
  • Section 13: Territorial jurisdiction to undertake mediation
  • Section 29: Limitation

2. Compensation

Compensation refers to the payment given to the aggrieved party for the loss or damage incurred.

Act & Section:

• The Indian Contract Act, 1872
  • Section 73: Compensation for loss or damage caused by breach of contract
  • Section 74: Compensation for breach of contract where penalty stipulated for
  • Section 75: Party rightfully rescinding contract, entitled to compensation
  • Section 151: Care to be taken by bailee
  • Section 153: Termination of bailment by bailee’s act inconsistent with conditions
  • Section 161: Bailee’s responsibility when goods are not duly returned
• The Railways Act, 1989
  • Section 93: General responsibility of a railway administration as carrier of goods
  • Section 98: Goods in defective condition or defectively packed
  • Section 107: Applications for compensation for loss, etc., of goods
• The Sales of Goods Act, 1930
  • Section 16: Implied conditions as to quality or fitness
  • Section 57: Damages for non-delivery
  • Section 58: Specific performance
  • Section 59: Remedy for breach of warranty
  • Section 61: Interest by way of damages and special damages

Territorial Jurisdiction:

• Delhi (Residence of the other party).

Limitation:

• File a case before 07-02-2028 (3 years from the date of breach of contract, i.e., 07-02-2025).

Pecuniary Jurisdiction:

• District Judge

Court Fees:

• Rs. 34,161.60/-

3. Specific Performance

Specific performance is a legal remedy where the court orders the party in breach to perform their obligations under the contract.

Act & Section:

• The Specific Relief Act, 1963
  • Section 10: Specific performance in respect of contracts
  • Section 39: Mandatory injunctions
  • Section 40: Damages in lieu of, or in addition to, injunction
• The Indian Carriage of Goods By Sea Act, 1925
  • Article III: Responsibilities and Liabilities
  • Article III(8): Carriage contract clauses attempting to relieve carrier liability for negligence or failing to meet duties under these Rules are void
• The Carriage By Road Act, 2007
  • Section 10: Liability of common carrier

Territorial Jurisdiction:

• Delhi (Residence of the other party).

Limitation:

• File a case before 07-02-2028 (3 years from the date of