Hind Construction Contractors vs The State Of Maharashtra on 30 January, 1979
Equivalent citations: 1979 AIR 720, 1979 SCR (2)1147
Author: V.D. Tulzapurkar ... Bench: V.D. Tulzapurkar , Y.V. Chandrachud , A.P. Sen
PETITIONER:
HIND CONSTRUCTION CONTRACTORS
Vs.
RESPONDENT:
THE STATE OF MAHARASHTRA
DATE OF JUDGMENT
Hind Construction Contractors By Its ... vs State Of Maharashtra on 30 January, 1979
Equivalent citations: AIR1979SC720, (1979)2SCC70, [1979]2SCR1147, AIR 1979 SUPREME COURT
Tribunal erroneously
placed reliance on the judgment in the case of Hind Construction
Contractors vs. State of Maharashtra (1979) 2 SCC 70 without
appreciating that ... contract stood diluted. Reliance was also placed on the judgment in
Hind Construction Contractors (supra) to hold that even where time is
provided
2017 Page 25 of 91
judgment of the Supreme Court in Hind Construction Contractors v.
State of Maharashtra, AIR 1997 SC 720, for the proposition
Hind Construction Contractors vs. State of
Maharastra) and (1999) 9 - S.C.C. - 449 (Arosan
Enterprises Ltd vs. Union of India) and held that ... Hind Construction Contractors
vs. State of Maharastra) without appreciating that it does
not lay down that if time ceases to be of essence
Supreme Court in the case of M/s. Hind
Construction Contractors by its Sole Proprietor
Bhikam Chand Mulchand Jai (Dead) by LRs vs. State ... Court in the cases of Govind Prasad Chaurvedi and
M/s. Hind Construction Contractors (supra), the facts
and circumstances and conduct of the parties would
contention, the Opposite
Party has placed reliance on M/S Hind Construction Contractors vs.
State of Maharashtra reported ... dicta of the
Hon'ble Apex Court in M/S Hind Construction Contractors (supra)
has held as under:
"6. It is next contended
Arbitrator erred in applying the ratio of the judgment in 'Hind
Construction Contractors Vs. State of Maharashtra ', (1979) 2 SCC 70
and that ... judgment of the Hon'ble Supreme Court in 'Hind
Construction Contractors Vs State of Maharashtra ', (1979) 2 SCC 70
the observations
London) Ltd. Vs Curwel (India) Ltd.,
MANU/DE/0460/1983.
(ii) Hind Construction Contractors by its sole proprietor Bhikamchand
Mulchand Jain ... London) Ltd. Vs Curwel
(India) Ltd., MANU/DE/0460/1983 and Hind Construction Contractors
by its sole proprietor Bhikamchand Mulchand Jain
Pallaniswami Nadar [ 1967 (1) SCR 227 : 1967 AIR(SC) 868], Hind
Construction Contractors v. State of Maharashtra ... time is not the essence of the contract."
22. In Hind Construction Contractors case quoting Halsbury's Laws of
England, this Court observed
