JAWAHARLAL WADHWA AND ANOTHER versus HARIPADA CHAKROBERTY

JAWAHARLAL WADHWA AND ANOTHER versus HARIPADA CHAKROBERTY

There was no error of law in the proposition set out by the arbitrator; Section 53A protection requires readiness and willingness to perform the contract, and appellant's failure to pay remaining instalments meant protection under Section 53A could not be claimed. The award does not disclose an error of law and is not liable to be set aside.

Parties
Appellant No. 1: Jawaharlal Wadhwa; Appellant No. 2: Appellant No. 2; Respondent: Harjpada Chakroberty
Jurisdiction
India
Judgment Date
14 October 1988
Procedural Posture
Civil Appeal / Objection to Arbitral Award After Prior Appeals and New Arbitration Ordered by Supreme Court
Outcome
Objections to the award dismissed; judgment in terms of the award; decree to be drawn accordingly; no order as to costs.
Legal Topics
Setting Aside Arbitral Award, Anticipatory Breach of Contract, Specific Performance, Section 53 a Protection
Arbitration Property Law Contract Law Setting Aside Arbitral Award Anticipatory Breach of Contract Specific Performance Section 53 a Protection

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Parties

Jawaharlal Wadhwa

Appellant No. 1

Appellant No. 2

Appellant No. 2

Harjpada Chakroberty

Respondent

Procedural Posture

Civil Appeal / Objection to Arbitral Award After Prior Appeals and New Arbitration Ordered by Supreme Court

Legal Issues

  1. 1 Whether the award is liable to be set aside for error of law on its face
  2. 2 Whether anticipatory breach absolves the appellant from further performance and permits specific performance despite failure to show readiness and willingness
  3. 3 Whether Section 53A of Transfer of Property Act protected possession despite failure to pay instalments

Ratio Decidendi

There was no error of law in the proposition set out by the arbitrator; Section 53A protection requires readiness and willingness to perform the contract, and appellant's failure to pay remaining instalments meant protection under Section 53A could not be claimed. The award does not disclose an error of law and is not liable to be set aside.

Court Disposition

Objections to the award dismissed; judgment in terms of the award; decree to be drawn accordingly; no order as to costs.

Orders

  • Judgment in terms of award by arbitrator Shri A.C. Gupta
  • Decree to be drawn accordingly