Further, the grant of relief of specific performance is a matter of discretion and if it has been granted by the learned single Judge, the Division Bench ought not to have substituted its assessment where the court had perceived dishonest conduct on the part of the defendants-respondents herein. According to him, learned single Judge had categorically recorded, on appreciation of evidence on record that the labour union had actually consented to the sale of the property on certain terms being fulfilled, as is clear from Exhibit Nos.

1977 to be a contingent contract. 1978 nearly six (6) months prior to the institution of the suit and, therefore, the respondents cannot take advantage of a stipulation which the party for whose benefit it was made has expressly waived the same for performance of his other obligations. 33 contemplates an application for three purposes, namely, (i) when it is desired to challenge the existence of an arbitration agreement, (ii) when it is desired to challenge its validity, and (iii) when it is desired to have its effect determined.

Being aggrieved by the aforesaid communication, the appellant approached the State Commission for redressal of its grievance. Since, complainant failed to comply with condition of 90 days DA with respect to 2nd shipment dated 20. 1995 and as such Clause 10 of the Scheme had acquired a statutory status. Though two appeals were filed, the State Commission treated them as one appeal. Elaborating it further, learned senior counsel submitted that the appellant had waived the express term relating to the consent of the labour vide letter dated 19.

No specific plea was raised by the defendants-respondents herein regarding it to be a contingent contract and further no specific issue was framed. payment after 60 days of delivery while it is mentioned to be 90 days DA in annexure P-9 i. 4,76,139/-, whose copy is annexure P-13 cannot be taken into consideration because complainant had changed the terms of payment which had been mentioned as 60 days DA i. Further, the Division Bench wrongly held that the appellant did not really mean to purchase the suit property and that the agreement of purchase of the suit property was a financial transaction.

1997 was issued under Section 29 of Act 16 of 1977 incorporating the terms and conditions of the Scheme dated 20. The respondents before the State Commission took two preliminary objections that the complaint was barred by limitation, and it had not been filed by the authorised person. An arbitration agreement may come into existence in one of two ways; it may either arise out of an agreement which contains nothing else besides the arbitration agreement, or it may arise out of a term contained in a contract which deals with various other matters relating to the contract, which is the present case.

payment on acceptance of documents within 90 days from the date of shipment and not 60 days. It has been stated in the insurance policy under the terms and conditions, whose copy is annexure P-4 under heading General in conditions 28 and 29 that due performance and observance of each term and condition contained herein or in the proposal or declaration shall be a condition precedent to any liability of the Corporation hereunder and if the insured fails to comply with the condition, then policy shall be deemed to have been waived.

4,76,139/- as term of payment was changed to 60 days DA instead of 90 days DA, so, OP was absolved from making payment of this amount. According to him, on a correct construction and interpretation of the agreement, it cannot be termed as a contingent contract and it is always open to the party in whose favour a specific term is inserted to waive the term and seek specific performance of the remainder of the obligations.

All the units to whom TRC has been issued the initial validity period being two years granted straight away under TRC while the subsequent period of two years could be granted depending upon the progress report and difficulties experienced. This judgment again does not take us any further. It will thus be clear that 576 s. However, the State Commission proceeded to deal with the matter on merits and in that regard came to hold that:- 27.

He submitted that the notification dated 14. It was found on the evidence led in that case that laminated kraft paper is a distinct and separate product known in the market as such and is apart from kraft paper. 33 of the Arbitration Act, relevant for our purpose, lays down that any party to an arbitration agreement desiring to challenge the existence or validity of an arbitration agreement or to have its effect determined shall apply to the court and the court shall decide the question.

5) He further submitted that the Division Bench has wrongly held the agreement dated 19. The State Commission, appreciating the factual matrix in entirety came to hold that the complaint had been filed by a properly authorised person but it was barred by limitation. The shipment made on 20. This aspect has not been considered or dealt with by the Division Bench.