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november 2006

Supreme Court of India · 2006-11-24

SAURABH PRAKASH vs DLF UNIVERSAL LTD.

Citation / case number
SC 2004/25017
Court
Supreme Court of India
Petitioner
SAURABH PRAKASH
Respondent
DLF UNIVERSAL LTD.
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

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 Clause 17 of the Apartment Buyers Agreement, is enforceable, provided the terms are clear and unambiguous. The Court upheld the validity of the agreement and dismissed the appeals, affirming the Commission's limited jurisdiction in such matters under the Monopolies and Restrictive Trade Practices Act, 1969.

SAURABH PRAKASH vs DLF UNIVERSAL LTD. · Niyam