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february 1998

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.

NARENDRAKUMAR NAKHAT vs M/S.NANDI HASBI TEXTILE MILLS · Niyam