arbitration):
(a) where the obligations under a contract are fully
performed and discharge of the contract by performance
is acknowledged by a full and final ... obligations and confirm in writing the
discharge of contract by performance of the altered,
modified or substituted obligations;
(c) where the parties to a contract
such
discharged contract;
(b) where the parties to the contract, by mutual
agreement, accept performance of altered, modified and
substituted obligations and confirm in writing ... discharge of contract by performance of the altered,
modified or substituted obligations;
(c) where the parties to a contract, by mutual agreement,
absolve each other
such discharged contract;
(b) where the parties to the contract, by mutual agreement,
accept performance of altered, modified and substituted
obligations and confirm in writing ... discharge of contract by
performance of the altered, modified or substituted
obligations;
(c) where the parties to a contract, by mutual agreement,
absolve each other
consequence of a contract capable of specific
performance.
(4) The court shall not refuse to any party
specific performance of a contract merely ... addition
to, or in substitution of, such performance.
(2) If, in any such suit, the court decides that
specific performance ought not to be granted
election of the party who has to perform the
contract, namely, the performance of the act or the payment of the sum of
money ... breach of the contract;
(iii) Where the sum named is an amount the payment of which may
be substituted for the performance
named is
an amount the payment of which may be substituted for the
performance of the act at the election of the person by whom ... ground for
the Court to compel the performance of the other
alternative of the contract. In the present case, where there
is a specific stipulation
which the other can be put. Even more, in mercantile
contracts it cannot be said that sugar-cane sett is a
Page ... 2009+.doc
substitute for sugar-cane in the matter of performance or
discharge of contracts involving supply or delivery of the
one or the other
which the other can be put. Even more, in mercantile
contracts it cannot be said that sugar-cane sett is a
Page ... 2009+.doc
substitute for sugar-cane in the matter of performance or
discharge of contracts involving supply or delivery of the
one or the other
election of the party who has to perform the contract, namely,
the performance of the act or the payment of the sum of
money ... breach of the contract;
(iii) Where the sum named is an amount the payment of
which may be substituted for the performance
prayer portion i.e. a
decree for specific performance of contract against the substituted defendant
No. 1 (series).
3. The present petitioner/plaintiff has also
