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august 2011

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.

Coromandel Indag Products(P) Ltd vs Garuda Chit & Trading Co. P. Ltd & Anr · Niyam