Legal Update __Waiver to an agreement will not be given effect to if it is contrary to such public interest_ Supreme Court.

The Supreme Court in the case of All India Power Engineer Federation v. Sasan Power Ltd., (2017) 1 SCC 487 held that when waiver is spoken of in the realm of a contract, section 63 of the Contract Act, 1872 governs. Further, if any element of public interest is involved and a waiver takes place by one of the parties to an agreement, such waiver will not be given effect to if it is contrary to such public interest. Moreover, if there is any element of public interest involved the court steps in to thwart any such waiver which may be contrary to such public interest.

Regards,

Pankaj.