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december 2009

Supreme Court of India · 2009-12-15

Haryana Financial Corporation & Anr vs Rajesh Gupta

Citation / case number
AIR 2010 SUPREME COURT 338
Court
Supreme Court of India
Petitioner
Haryana Financial Corporation & Anr
Respondent
Rajesh Gupta
Author
Surinder Singh Nijjar
Bench
J.M. Panchal, Surinder Singh Nijjar

Judgment text excerpt

The Supreme Court held that the Haryana Financial Corporation's forfeiture of Rs.2.5 lakhs earnest money from the respondent was illegal, as it failed to respond to the respondent's inquiries regarding the property and did not provide necessary information that could affect the bid. The Court emphasized that a party cannot forfeit earnest money without just cause, particularly when the other party has raised legitimate concerns about the property. The Court ordered the Corporation to refund the forfeited amount along with interest, thereby upholding the respondent's rights under contract law.

Haryana Financial Corporation & Anr vs Rajesh Gupta · Niyam