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march 1997

Supreme Court of India · 1997-03-10

ARORA ENTERPRISES LTD vs INDUBHUSHAN OBHAN

Citation / case number
SC 1996/79255
Court
Supreme Court of India
Petitioner
ARORA ENTERPRISES LTD
Respondent
INDUBHUSHAN OBHAN
Author
PARIPOORNAN
Bench
K.S. PARIPOORNAN B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court allowed the impleadment of M/s Kamal Construction Co. as an additional respondent in the appeals concerning a property dispute. The appellants, who were original plaintiffs in Suit No. 133/89, sought to enforce an agreement for sale with the deceased defendant, Indubhushan M. Obhan, who was an undischarged insolvent at the time of the agreement. The Court held that the agreement was valid and binding, despite the insolvency, and directed the lower court to consider the specific performance of the agreement and the rights of the parties involved under the relevant provisions of the Transfer of Property Act.

ARORA ENTERPRISES LTD vs INDUBHUSHAN OBHAN · Niyam