hold that grant of
provisional Extension of time, unilaterally to keep the
contract alive that too reserving the right to recover
compensation under clause ... provisional extension of time with the only intention to keep the contract
alive, and further reserve their right to levy compensation under clause
continued
existence of the contract while damages are claimed on the
basis of a breach of contract accepted by the party as a
breach ... part of the
plaintiff to perform the contract which he is keeping alive
and trying to get enforced. Although a brief reference was
made
extension of the DLP in complete violation of the terms of the
contract. It is also submitted that to this extent the impugned Award ... breach of the terms of the contract, the petitioner was
forced to keep its Bank Guarantees alive up to 26 th June
entering into the
contract including estimating the cost to be quoted,
survey, consultancy, purchase of bid security and
keeping it alive, pre-qualification, submission ... amount of Rs. 3777 lakhs instead, (b). Keeping in view
the agreed scope of work under the contract, AT found
that the level of mobilization
termination of the Service
Contracts by the respondent. Hence, in terms of Section 73 and 74 of the
Indian Contract Act, 1872, the petitioner ... simply
means that the respondent was obligated to keep the already obtained
licenses alive and the word „re-obtain‟ cannot be read into Clause
Arbitrator, being a creature of the contract, has rightfully stayed wihtin
the lines of the Contract to adjudicate the dispute. The facts of the matter ... judicial
approach and adjudicated the dispute whilst keeping the principles of
jurisprudence and natural justice alive.
52. The learned Arbitrator applied the principle
Delhi Development Authority vs Sh K R Anand & Anr. on 12 June, 2023
Author
Arbitrator, being a creature of the contract, has rightfully stayed between
the lines of the Contract to adjudicate the dispute. The facts of the matter ... Tribunal has clearly adopted a judicial
approach and adjudicated the dispute whilst keeping the principles of
O.M.P (COMM.) 146/2017 Page
Arbitrator,
being a creature of the contract, has rightfully stayed between the lines of
the Contract to adjudicate the dispute. The facts of the matter ... judicial approach
and adjudicated the dispute whilst keeping the principles of jurisprudence
and natural justice alive.
58. Thus, the learned Sole Arbitrator has considered
considered opinion that time is not the
essence, of the contract. It is also reflected from the record that
plaintiff has allegedly made payment ... plaint itself, it is
reflected that the contract in between the parties is voidable
which is alive at the option of the plaintiff
