Performance of Contract: Time whether of the essence of the contract
Performance of Contract: Time whether of the essence of the contract - Determination of Matters to be considered-Mere existence of an explicit clause stipulating that time is of the essence of the contract. Entirety of contract and conduct of parties - Relevance of Contract containing provision for extension of time/payment of penalty on default. Arbitration award on the issue of time not being of the essence of the contract, and that there was no breach of contract. Noninterference with, the same being a plausible view. Contract and Specific Relief-Remedies for Breach of Contract - Award of damages in case of non-timely completion of contractual obligation.
Case Law:
Welspun Specialty Solutions Limited v. Oil and Natural Gas Corporation Limited,
Citation:
(2022) 2 SCC 382