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november 2006

Supreme Court of India · 2006-11-24

Saurabh Prakash vs Dlf Universal Ltd

Court
Supreme Court of India
Petitioner
Saurabh Prakash
Respondent
Dlf Universal Ltd
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the jurisdiction of the Monopolies and Restrictive Trade Practices Commission in relation to contractual disputes arising from real estate agreements. The Court held that the forfeiture of earnest money as stipulated in the agreement is valid under the terms set forth in Clause 17 and Clause 8, emphasizing that the essence of the agreement lies in timely payments. The Court concluded that the respondent's inability to pay installments does not warrant a refund of the earnest money, thereby upholding the forfeiture clause.

Saurabh Prakash vs Dlf Universal Ltd · Niyam