The Supreme Court while adjudicating an appeal filed in the matter of Gaddipati Divija & Anr v Pathuri Samrajyam & Ors., observed that time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfilment of obligations of another party.

The Apex Court observed that when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise.