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    <title>2018 (10) TMI 1968 - BOMBAY HIGH COURT</title>
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    <description>The claimant was found ready and willing to perform the contract, including furnishing the contemplated bank guarantees, because its correspondence, payments and steps toward completion showed continued performance intent. Time was not made the essence of the immovable property contract, as the arrangement contemplated reciprocal performance, extensions, interest on unpaid amounts and a cure period, so alleged delay did not defeat specific performance. Specific performance was not inequitable on the facts, and the agreement read with the addendum remained binding on the second respondent. The arbitral award was therefore upheld, and the challenges under Sections 34 and 37 failed.</description>
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      <title>2018 (10) TMI 1968 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=304471</link>
      <description>The claimant was found ready and willing to perform the contract, including furnishing the contemplated bank guarantees, because its correspondence, payments and steps toward completion showed continued performance intent. Time was not made the essence of the immovable property contract, as the arrangement contemplated reciprocal performance, extensions, interest on unpaid amounts and a cure period, so alleged delay did not defeat specific performance. Specific performance was not inequitable on the facts, and the agreement read with the addendum remained binding on the second respondent. The arbitral award was therefore upheld, and the challenges under Sections 34 and 37 failed.</description>
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