Supreme Court of India · 1998-02-27
NARENDRAKUMAR NAKHAT vs M/S.NANDI HASBI TEXTILE MILLS
- Citation / case number
- SC 1997/8441
- Court
- Supreme Court of India
- Petitioner
- NARENDRAKUMAR NAKHAT
- Respondent
- M/S.NANDI HASBI TEXTILE MILLS
- Author
- NANAVATI
- Bench
- SYED SHAH MOHAMMED QUADRI G.T. NANAVATI
Judgment text excerpt
The Supreme Court addressed the appeal against the High Court's orders regarding the refund of earnest money and bid amount in Company Application No. 542/96 and No. 826/96. The Court held that upon cancellation of the bid, the appellant was entitled to a refund of the earnest money, as the transaction was deemed inchoate, thus reverting the parties to their original positions. The Court emphasized that the High Court's refusal to refund the entire amount was erroneous, as it did not properly consider the implications of the bid's cancellation under the relevant company law principles.