Supreme Court of India · 2009-10-28
A.K. LAKSHMIPATHY (D) vs RAI SAHEB PANNALAL H. LAHOTI C.T. .
- Citation / case number
- SC 2005/15235
- Court
- Supreme Court of India
- Petitioner
- A.K. LAKSHMIPATHY (D)
- Respondent
- RAI SAHEB PANNALAL H. LAHOTI C.T. .
- Author
- TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the refund of Rs. 1,00,000 to the appellants under the Urban Land (Ceiling and Regulation) Act, 1976, emphasizing that the contract's clause stating 'time is of the essence' was not adhered to by the respondents. The Court found that the respondents failed to provide necessary permissions, which constituted a breach of contract. Consequently, the appellants were entitled to a refund of the advance payment made under the contract.