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Under a bond given for repayment of a sum of Rs. 1000, it is stipulated that amount will be paid by the end of one year, otherwise the rate of interest would be 50 percent, Default is made and the creditor claims 50 percent interest.
The creditor is entitled to claim on forfeiture clause.
Since all stipulations under a contract are enforceable, the creditor is entitled to 50 percent interest.
Such stipulations are unconscionable and the creditor is entitled to reasonable interest only.
The stipulation is in the nature of liquidated damages and the creditor can claim without the stipulated amount.
By: Parvesh Mehta ProfileResourcesReport error
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