Supreme Court · 2007 INSC 393 · Decided 9 April 2007
State of Kerala and ANR. v. M.A. Mathai
- Court
- Supreme Court of India
- Citation
- 2007 INSC 393 · [2007] 4 S.C.R. 995
- Case number
- CIVIL APPEAL No. 7333/2004
- Decided
- 9 April 2007
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act
Headnote
B -y Contract Act, 1872: / s. 55-Work contract-Completed in extended time-Suit by contractor for damages-Agreement containing no escalation clause-Trial Court and c High Court decreeing suit of contractor and awarding him damages holding that extension agreements were due to coercion-Held, for should not have been accepted-If, instead of avoiding contract, contractor accepts belated performance of reciprocal obligation on part of employer, contractor D cannot claim compensation for non-performance of reciprocal promise by r employer at agreed time-Judgment of High Court set aside.
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