Supreme Court of India · 2008-11-14
PREM NATH MOTORS LTD. vs ANURAG MITTAL
- Citation / case number
- SC 2004/13759
- Court
- Supreme Court of India
- Petitioner
- PREM NATH MOTORS LTD.
- Respondent
- ANURAG MITTAL
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
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 referenced the case of Marine Contained Services South Pvt. Ltd. vs. Go Go Garments, establishing that an agent cannot be sued when the principal is disclosed. The appeal was allowed, affirming that the liability for refund rested with M/s. Pal Peugeot Limited, not the appellant.