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july 2008

Supreme Court of India · 2008-07-16

M/S. Premium Exchange & Finance ... vs M/S. S.N. Bagla & Co. & Ors

Citation / case number
AIRONLINE 2008 SC 93
Court
Supreme Court of India
Petitioner
M/S. Premium Exchange & Finance ...
Respondent
M/S. S.N. Bagla & Co. & Ors
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed whether an Executing Court can modify the terms of a consent decree under Section 47 of the Civil Procedure Code (C.P.C.). The Court held that the Executing Court lacks the authority to set aside or modify the consent decree, which explicitly stated that the valuation of shares by Ernst & Young was final and binding. The Court emphasized that the parties had agreed to the valuation process, and any objections regarding the valuation must be resolved within the framework of the consent decree, thus upholding the integrity of the consent agreement.

M/S. Premium Exchange & Finance ... vs M/S. S.N. Bagla & Co. & Ors · Niyam