#Contractual Readiness

The Kerala High Court ruled that a plaintiff’s readiness to perform under a sale agreement cannot be assumed merely because prior advances were made-explicit contractual terms govern performance obligations. This sets a critical precedent for property buyers and sellers, reinforcing that contractual specificity overrides informal adjustments in specific performance claims.

Bombay High Court rules that even if termination of a development agreement is illegal, specific performance under Section 34 of the Arbitration Act cannot be granted unless the claimant proves readiness to perform contractual obligations. The judgment underscores that arbitral awards denying relief on grounds of lack of readiness remain valid, impacting developers and contracting parties in commercial disputes.