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KESHAVLAL LALLUBHAI PATEL AND OTHERSAND OTHERS v. LALBHAI TRIKUMLAL MILLS LTD.

Supreme Court of India | Diary 90264/1954

Status

Judgment

Decided On

1958-03-21

Bench

GAJENDRAGADKAR, P.B.

Petitioner

KESHAVLAL LALLUBHAI PATEL AND OTHERSAND OTHERS

Respondent

LALBHAI TRIKUMLAL MILLS LTD.

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Full Judgment Text

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PETITIONER: KESHAVLAL LALLUBHAI PATEL AND OTHERSAND OTHERS

Vs.

RESPONDENT: LALBHAI TRIKUMLAL MILLS LTD.

DATE OF JUDGMENT: 21/03/1958

BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. BHAGWATI, NATWARLAL H. KAPUR, J.L.

CITATION: 1958 AIR 512 1959 SCR 213

ACT: Contract-Extension of time for performance-Agreement of Parties-Requirements of Proof-Agreement, vague and uncertain Binding nature-Indian Contract Act, 1872 (IX of 1872), SS. 29, 63.

HEADNOTE: The appellants entered into a contract with the respondent mills for the purchase of certain goods in which the time for delivery was fixed for the months of September and October, 1942. Before the expiry of the time fixed there was a strike in the mills and the respondent wrote a letter to the appellants on August 15, 1942, that in view of the strike and the political situation, the delivery time of all the pending contracts should be automatically understood as extended for the period the working of the mills was stopped and until the normal state of affairs recurred. Though the strike came to an end the respondent declined to give delivery of the goods on the ground that the contracts were void. In the suit filed by the appellants on January 9, 1946, for damages for breach of the contract the respondent pleaded that there was no agreement between the parties...

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