Certainty Of Performance

The Government of India in its continuous efforts of improving the parameters for 'ease of doing business in India' has undertaken to amend the Specific Relief Act, 1963 ("Act"). The Specific Relief (Amendment) Act, 2018 ("Amendment Act"), which attempts to radically change the Act, has been passed by both the houses of Parliament and has also received the Presidential assent on August 01, 2018. Most of the amendments in the Amendment Act are premised on the recommendations of an Expert Committee set up for examining the Act in the context of delays of several infrastructure projects and the changed scenario involving contract-based infrastructure development, public private partnership and other public projects involving huge investments. The Amendment Act primarily drives towards changing the approach from damages being the rule and specific performance being the exception as under the Act to specific performance being the rule and damages being the alternate