SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Online)(KER) 31181

HIGH COURT OF KERALA
C.T.RAVIKUMAR, Murali Purushothaman, JJ
SATHIKUMAR – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
K.R.SUNIL, V.V.NANDAGOPAL NAMBIAR, P.K.SASIKUMAR, SMT.SMITHA (EZHUPUNNA), SRI.DHEERAJ KRISHNAN PEROT, SMT.CHITRA JOHNSON, B.ASHOK SHENOY, SRI.P.S.GIREESH, SRI.RIYAL DEVASSY, SRI.G.BIJU, SC, TDB, K.MOHANAKANNAN, SMT.A.R.PRAVITHA, SRI.H.PRAVEEN (KOTTARAKARA), SMT.T.V.NEEMA, SMT.D.S.THUSHARA, LIJI.J.VADAKEDOM, SRI.JOICE GEORGE, SMT.REXY ELIZABETH THOMAS, SRI.RAJEEV JYOTHISH GEORGE, SHRI.TOM E. JACOB, C.R.JAYAKUMAR, SRI.SAJU J PANICKER, SRI.NOBEL RAJU

JUDGMENT

Ravikumar, J.

Since these writ petitions involve common issues, they are being disposed of by this common judgment.

W.P. (C) No. 2271/2021

2. The petitioners in this writ petition have entered into individual contract with the Travancore Devaswom Board (TDB) for the supply of 'pooja items' for different Devaswoms under the TDB for the financial year 2020-2021. As per Ext. P1 conditions of contract, petitioners 1, 2 and 4 remitted 50% of the auction amount and petitioners 3 and 5 remitted full auction amount. According to the petitioners, when they were about to commence the sale in the stalls from 01.04.2020, lock down was declared by the Government on the outbreak of COVID-19 pandemic and due to restrictions in pilgrimage, they could not carry out the business and they could sell the pooja articles only from 22.10.2020. Therefore, the petitioners contend that the contract has become frustrated and hit by Section 56 of the Indian Contract Act and therefore, void. The petitioners submitted Ext. P6 series representations before the TDB requesting to extend the period of contract for eight months, i.e., upto 30.11.2021 and to exonerate them from remitting the balance installme

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top