Under the Sale of Goods Act, 1930, if seller makes no delivery or defective delivery in instalments, it…

Section 38(2) states that where the seller makes no delivery or defective delivery of one or more instalments, "it is a question in each case depending on the terms of the contract and the circumstances of the case" whether the breach repudiates the whole contract or is a severable breach giving rise to a claim for compensation. Neither outcome follows automatically, and the contract does not become void.