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december 2009

Supreme Court of India · 2009-12-15

HARYANA FINANCIAL CORPORATION vs RAJESH GUPTA

Citation / case number
SC 2002/13704
Court
Supreme Court of India
Petitioner
HARYANA FINANCIAL CORPORATION
Respondent
RAJESH GUPTA
Author
SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court held that the Haryana Financial Corporation's forfeiture of Rs.2.5 lakhs as earnest money was illegal, as the respondent had raised valid concerns regarding the lack of an approved passage for the factory, which were not addressed by the Corporation. The Court emphasized that a buyer's concerns must be adequately addressed before forfeiting earnest money, thereby establishing that forfeiture without proper justification violates principles of fairness and equity. The Court ordered the Corporation to refund the forfeited amount along with interest.

HARYANA FINANCIAL CORPORATION vs RAJESH GUPTA · Niyam