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CHANDRA DHARI SINGH
Yassh Deep Builders Llp – Appellant
Versus
Sushil Kumar Singh – Respondent
| Table of Content |
|---|
| 1. petitioner sought arbitration-related reliefs. (Para 1 , 2 , 3) |
| 2. petitioner argues that the collaboration agreement provides indefeasible rights. (Para 4 , 5 , 6) |
| 3. petitioner claims fraud and disputes second supplementary agreement. (Para 7 , 8 , 9 , 10) |
| 4. respondents contend the petition is baseless due to contract termination. (Para 18 , 19 , 20) |
| 5. respondents assert petitioner's failures justify termination of contract. (Para 21 , 22 , 23) |
| 6. court analyzes rights to specific performance under specific relief act. (Para 43 , 44 , 45 , 46) |
| 7. court emphasizes need for readiness and willingness to fulfill contract. (Para 49 , 50 , 51) |
| 8. petitioner denied relief due to lack of contract viability post-termination. (Para 72 , 73 , 74) |
| 9. conclusion: petition dismissed on all accounts. (Para 76 , 77 , 78) |
JUDGMENT
Chandra Dhari Singh, J. The petitioner vide the present petition under Section 9 of the Arbitration & Conciliation Act, 1996 (herein after referred to as `the Act') has sought the following reliefs:
"Direct the Respondent No. 1, its representatives, attorneys, heirs, executors, administrators, successors and permitted assigns, to jointly and severally maintain
In a contract for sale of immovable property, normally it is presumed that time is not the essence of the contract. Even if there is an express stipulation to that effect, the said presumption can be....
The court upheld the specific performance of the Joint Venture Agreement and granted interim measures under Section 17 of the Arbitration and Conciliation Act to prevent the appellant from disrupting....
The limited scope of interference under Section 34 of the A&C Act, 1996 and the arbitrator's authority in interpreting the contract terms.
Request for grant of damages cannot be accepted in absence of any specific prayer to that effect.
Specific performance of a determinable agreement cannot be enforced under the Specific Relief Act, emphasizing the need for timely compliance with contract terms.
Scope of judicial review and jurisdiction of Court under Sections 8 and 11 of Arbitration Act is identical but extremely limited and restricted and it is only arbitral tribunal, who is preferred firs....
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