M/s S.V.E.C. Construction Vs. State of Madhya Pradesh & others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

AR, 07 of 2018, Judgment Date: Oct 31, 2018

Law Laid Down -

• The question whether time is essence of contract or not, depends upon the intention of the parties. Here, the petitioner sought modification of work order so as to complete it within the time granted and then himself chose todetermine the contract. Thus, he understood that the time was essence of the contract. Such conduct of the petitioner as well as on behalf of the respondents shows that the parties intended to complete the contract within time frame. Thus, it was a case where time was essence of the contract.
• Further, since no finding of the Tribunal has been invited on the question as to whether time was essence of the contract or not and the Tribunal being master of fact, has examined all the documents produced by the parties in the context of terms of the contract, which was the appropriate stage to decide such question of fact, it cannot be said that the time was not theessence of the contract.
• In absence of any allegation that any of the document produced by the parties have been misled or not taken into consideration or that the Tribunal has misconducted itself or the proceedings, the opinion of the Tribunal is final on the question of fact.

M/s S.V.E.C. Construction Vs. State of Madhya Pradesh & others