Supreme Court of India · 2011-08-16
Coromandel Indag Products(P) Ltd vs Garuda Chit & Trading Co. P. Ltd & Anr
- Citation / case number
- AIRONLINE 2011 SC 396
- Court
- Supreme Court of India
- Petitioner
- Coromandel Indag Products(P) Ltd
- Respondent
- Garuda Chit & Trading Co. P. Ltd & Anr
- Author
- P.Sathasivam
- Bench
- P. Sathasivam, H.L. Gokhale
Judgment text excerpt
The Supreme Court held that the Agreement for Sale executed between the appellant and respondent-Company was contingent upon the production of necessary documents, including the Income Tax Clearance Certificate as mandated by Section 230-A of the Income Tax Act, 1961. The Court found that the respondents failed to fulfill their obligations under the agreement, leading to the appellant's right to rescind the contract. Consequently, the appeal was allowed, reversing the High Court's decision and upholding the appellant's claim for recovery of the advance payment made.