Understanding Shipment Delay for Legal Light Consulting – LLC

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

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