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.