Doctrine of frustration not applies merely because of commercial hardship to perform a contract

Suneesh K.S. Vs Travancore Devaswom Board (Kerala High Court)

Facts- The petitioner is the successful bidder in the auction conducted by the Board for the sale of pooja items and flower garlands inside Valliyamkavu Devi Temple from 01.04.2021 to 31.03.2022. Later on, the petitioner failed to deposit some of the instalments. The main reason for the failure as pointed out by the petitioner was lockdown due to pandemic.

Accordingly, the Administrative Officer was directed not to permit the petitioner to

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