Supreme Court · 1999 INSC 418 · Decided 16 September 1999

M/S Arosan Enterprises LTD. v. Union of India and ANR.

Court: Supreme Court of India
Citation: 1999 INSC 418 · [1999] SUPP. 2 S.C.R. 621
Case number: CIVIL APPEAL No. 8010/1995
Decided: 16 September 1999
Bench: B.N. KIRPAL, U.C. BANERJEE (2-judge bench)
Outcome: Appeal(s) allowed
Case type: Civil
Acts & sections cited: Contract Act Section 55; Arbitration Act Section 30, 33; Specific Relief Act

Headnote

ENTERPRISES LTD. A v. UNION OF INDIA AND ANR. SEPTEMBER 16, l 999 [B.N. KIRPAL AND UMESH C. BANERJEE JJ.] B Contract Act 1872-Section 55-Time as essence of the contract Contractor for supply of sugar within specified time-But contract also provided for extension of time-Buyer not fulfilled again cancelled contract-Held, time is not the essence of contract and mere fixation of time for delivery of goods will not make it essence of contract-Jn such a case agreement shou.ld be read as whole alongwith corresponding obligations of the parties in order to gather D the true

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