M/S N.S. Rathore Huf vs M/S Samtel Avionics Limited on 29 February
Samtel Avionics Ltd. And Anr vs N.S. Rathore Huf on 29 February, 2024
IN
attempt to invoke the
CS (Comm) No. : 65/2021 11/43
Doctrine of Frustration of contract or `impossibility of performance', which
however would ... plaintiff
submitted that:
CS (Comm) No. : 65/2021 12/43
* Doctrine of Frustration of Contract does not apply to
Lease as executor contracts alone
wherein Section 56 of the Indian Contract
Act, 1872 / Doctrine of Frustration has been
discussed. It has been held by Hon'ble High
Court
Page No.: 36 of 36
surrounding the same. Force Majeure and doctrine of
frustration are embodied in the Indian Contract Act,
1872 (hereinafter referred ... Independent of the contract sometimes, the doctrine of
frustration could be invoked by a party as per Section
56 , ICA.
c) The impossibility of performance
Page No.: 36 of 36
surrounding the same. Force Majeure and doctrine of
frustration are embodied in the Indian Contract Act,
1872 (hereinafter referred ... Independent of the contract sometimes, the doctrine of
frustration could be invoked by a party as per Section
56 , ICA.
c) The impossibility of performance
Contract
Act, 1872 due to impossibility to perform and applicability of
Doctrine of Frustration. Relevant section was reproduced as under:
" Section 56 : Agreement ... payable. As further
submitted, section 56 is governed by Doctrine of Frustration which
elucidates that any act which was to be performed after the contract
formed opinion that legal
principles of the doctrine of frustration urged by petitioner would
be applicable only if "inaccessibility" as mentioned in Clause ... have been proved
without applying the legal principles of "doctrine of frustration"
as expounded by the courts in India, which states
second para of the above section propounds the doctrine of
frustration of contract by supervening impossibility or illegality. The doctrine of
frustration was evolved ... held that:
"Three conditions are required to trigger off
doctrine of frustration under Section 56 of the
Contract Act.
i. A valid and subsisting
executory contract, and it is a settled dicta that the
doctrine of frustration as enshrined in Section 56 of the Indian Contract ... lease deed i.e. 01.03.2020.
18.4. The inapplicability of the doctrine of frustration or impossibility of
performance of contract, in case of lease deed