Supreme Court of India · 2008-11-14
Prem Nath Motors Ltd vs Anurag Mittal
- Citation / case number
- AIR 2009 SUPREME COURT 567
- Court
- Supreme Court of India
- Petitioner
- Prem Nath Motors Ltd
- Respondent
- Anurag Mittal
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that under Section 230 of the Indian Contract Act, an agent is not liable for the acts of a disclosed principal unless a contrary contract exists. The Court found that the appellant, as an agent of M/s. Pal Peugeot Limited, could not be held liable for the refund of the booking amount paid by the respondent for a car that was not delivered. The appeal was allowed, overturning the Commission's order that had dismissed the appellant's application.