instead rescinded the
contract. He, therefore, held that the decision of
rescission of the contract was bad, wrongful, and hence the
claim of the respondent ... just. He also
allowed interest on the sum from the date of rescission of
the contract. Certain counter claims of the petitioner-
Corporation were also
amount due to the plaintiff for the work done till the rescission of the contract?
(4) Whether all or any of the recoveries sought ... that (i) the finding of the arbitrator on the question of the rescission of the contract and his award granting performance bonus are illegal
giving to the Vendors notice in writing and in
case of such rescission the Vendors shall refund to the Purchasers the
earnest money ... appearing for
the petitioner :
(a) Finding of the learned arbitrator that the rescission of the contract
by the respondent by letter dated 12th November
para. 10 for Rs. 5,12,500 for damages for wrongful rescission of the contracts. Prima facie, disputes relating to the rescission of a contract ... risk of the contractor or of compensation and any order for rescission of the contract by the officer shall be subject to an appeal, within
purpose of limitation. When the contractor is informed of the rescission, he must at that point of time take a view that an injury ... dependent on a dispute having arisen and the dispute is whether the rescission of the contract was justified or not. The learned Judge assumes that
other hand, the claim in the suit is founded on the rescission of the agreement containing the arbitration clause and on a breach of that
letter dated August 21, 1982.
(2) The contractor, contending that the rescission of the contract was illegal and unjustified, raised various disputes and claims ... published his award on January 31, 1986. He held that the rescission of the contract by the respondent was unjustified. He further found that
have been pointed out. According to the petitioner, by these communications, the rescission of the contract was thus revoked and the petitioner was required ... October, 1991. To this, the petitioner has replied that the rescission was withdrawn by the respondent vide letter dated 3rd January, 1992 and 6th January
guilty of legal misconduct in proceeding on the footing that the rescission of the said contract by the petitioners was bad. In the submission ... such, the arbitrator had no jurisdiction to decide upon the validity of rescission thereof. Since the arbitrator has proceeded to decide about the validity
Arbitrator against
the objector, was with regard to the issue of rescission. What the counsel for the
objector has contended is that in view ... essence or no longer of the
essence because of election, rescission is only permitted after giving a
notice requiring performance of the notice. In this
