Supreme Court of India · 2009-02-18
N. SRINIVASA vs M/S. KUTTUKARAN MACHINE TOOLS LTD.
- Citation / case number
- SC 2007/12365
- 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 respondent was binding, and the respondent was obligated to deliver vacant possession of the property as per the terms of the agreement. The Court emphasized that the respondent's failure to remove encumbrances and deliver possession constituted a breach of contract, thus justifying the appellant's request for specific performance. The High Court's order setting aside the status quo was reversed, and the appellant was granted relief to enforce the agreement under the Arbitration and Conciliation Act, 1996.