The Supreme Court of India has held that a contractual clause requiring a party to “ensure no liability” is recovered from another creates an absolute and immediate obligation, rather than a contingent indemnity dependent on final appellate confirmation. Setting aside a Delhi High Court judgment, a Bench of Justice S.V.N. Bhatti and Justice Prasanna B.
‘Ensure No Liability’ Clause Creates Immediate Obligation, Not Mere Indemnity: Supreme Court Allows Enforcement of Consent Award
