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february 2009

Supreme Court of India · 2009-02-18

N. Srinivasa vs M/S. Kuttukaran Machine Tools Ltd

Citation / case number
AIR 2009 SUPREME COURT 2217
Court
Supreme Court of India
Petitioner
N. Srinivasa
Respondent
M/S. Kuttukaran Machine Tools Ltd
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, V.S. Sirpurkar

Judgment text excerpt

The Supreme Court held that the agreement for sale between the appellant and the respondent was valid under the Arbitration and Conciliation Act, 1996, and emphasized the obligation of the seller to deliver vacant possession and clear encumbrances before the sale deed execution. The Court found that the High Court erred in vacating the status quo order without considering the respondent's failure to fulfill contractual obligations, thus reinstating the status quo pending arbitration. The appeal was allowed, and the High Court's order was set aside.

N. Srinivasa vs M/S. Kuttukaran Machine Tools Ltd · Niyam