whole and the cause of action survived
against the remaining respondents –
defendants who were trustees of the temple.
2
4. In that view
Kashmir (1980) 4 SCC 1; Dwarkadas Marfatia
and Sons v. Board of Trustees of the Port of Bombay
( 1989) 3 SCC 293 and Mahabir Auto ... have. This Court reiterated
the well settled principle that State action can survive only if it
does not suffer from the vice of arbitrariness which
applicability of Sections 73 and 74 of the
Contract Act does not survive.
The appeals are disposed of as above.
…....................J.
[Madan B. Lokur ... PADIA TIMBER COMPANY (P) LTD. Appellant(s)
VERSUS
BOARD OF TRUSTEES OF V.PORT TRUST Respondent(s)
(With office report)
Date : 29/09/2016 These
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