merit in the objection to the aforesaid effect. Holding that the rescission of the contract by the appellant-Authority having already been adjudged as illegal ... parties.
15. The arbitrator, taking note of the fact that the rescission of the contract by the appellant-Authority having already been held
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
Deviprasad Khandelwal & Sons vs Union Of India on 14 October, 1967
Equivalent citations: AIR1969BOM163
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
petitioner claiming loss of profit for pre-mature and wrongful rescission of contract. Admittedly, the work was started by the petitioner, after the award ... Development Authority rescinded the contract by letter dated 21st August, 1989. This rescission was also challenged by the petitioner and in the earlier award dated
contract,
MHB would terminate the contract. Upon such termination or rescission,
the security deposit furnished by ALK would be forfeited. ALK was obliged
to employ ... claims.
20. Claim No. 1 was for a declaration that the rescission of the contract was
valid. Claim
contract in not providing total site even upto date of rescission of the contract and so the respondent's action in rescinding the
contract ... provide complete site contemplated in the contract agreement till the time of rescission of contract, act of respondents in rescinding the contract cannot be held
following words:
" CLAIM No. 1:
a) to hold that the rescission of contract by the respondent was illegal and wrongful
b) to direct ... claimant had sought a declaration to the effect that the rescission of the contract was illegal and wrongful with a direction to the respondent
that the finding given by the Arbitrator that the rescission of the contract was not in accordance with law. The Arbitrator has not properly appreciated ... which had undertaken. The Arbitrator came to an erroneous conclusion that the rescission of the contract was unjustified.
(4) The Arbitrator has given reasons
that the finding given by the arbitrator that the rescission of the contract was not in accordance with law. The arbitrator has not properly appreciated ... which had undertaken. The arbitrator came to an erroneous conclusion that the rescission of the contract was unjustified.
4. The arbitrator has given reasons
