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ashok kumar (Social Worker)     09 September 2015

Penalty clause in registered lease deed

Penalty Clause in Registered Lease Deed

In a Lease Deed duly registered as required by Law, there is a clause that if the Cheque tendered for payment of the rent bounces, the lesser will be required to pay penalty @Rs 250 per day.

The Cheques bounce in totality and to worsen the matter, the lessee stops the payments of all the Cheques & makes no payments of the rent and therefore the Penalty amount in the last 2 years mounts up to Rs 15 Lacs around.

Will the Court allow this Penalty if a suit for recovery is brought on the basis of the registered agreement?

What are chances of success in such cases of recovery of mutually agreed Penalty?



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 1 Replies

Nitish Banka (lawyer)     09 September 2015

The penelty clause is enforceble file a recovery suit.


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