Specific enforcement now primary remedy in disputes

The Specific Relief Act, 1963, as amended by The Specific Relief (Amendment) Act, 2018 (act), has introduced significant changes to the law relating to enforcement of contracts and grant of injunction, including some specific to the infrastructure sector.

The act has made specific performance of contracts the primary remedy to bring certainty in enforcement of contracts, a radical departure from the common law approach of damages being the rule and specific performance being the secondary remedy. The discretion to grant a decree for specific performance has been taken away from the courts, and made mandatory, subject to certain exceptions.

The remedy of “achieving the purpose of the contract” can now be granted irrespective of the nature of the contract, as long as the exceptions are not applicable.

Vinod Kumar is a partner in the Chennai office of  J. Sagar Associates. His views are personal.