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England and Wales High Court (Commercial Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> VS MSN 36118 Cav Designated Activity Company v SpiceJet Ltd [2023] EWHC 1412 (Comm) (09 June 2023) URL: http://www.bailii.org/ew/cases/EWHC/Comm/2023/1412.html Cite as: [2023] EWHC 1412 (Comm) |
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KING'S BENCH DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
(Sitting as a Judge of the High Court)
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VS MSN 36118 CAV DESIGNATED ACTIVITY COMPANY |
Claimant |
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- and – |
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SPICEJET LIMITED |
Defendant |
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Crown Copyright ©
CHARLES HOLLANDER KC :
Interest
"If Lessee fails to pay any amount payable under this Agreement on the due date, Lessee shall pay to Lessor on demand from time to time interest (both before and after judgment) on that amount, from the due date (or, in the case amounts expressed to be payable on demand, from the date of such demand) to the date of payment in full by Lessee to Lessor, at the Default Rate. All such interest will be calculated on the basis of the actual number of days elapsed and a 360 day year. Interest payable pursuant to this Clause 9.2 which is unpaid at the end of each such period shall thereafter itself bear interest at the Default Rate or the maximum allowed under Indian law.""
Costs
Disposition
a. interest at 3% from the due date of each payment compounded annually.
b. in their election, either statutory judgment rate interest or interest at 3% compounded annually until payment after judgment and a declaration to that effect
c. costs of the application and the action
d. costs of the application assessed at £30,000
e. an interim payment on account of costs of the action in the sum of £14,000