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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

Citation / case number
SC 2003/13324
Court
Supreme Court of India
Petitioner
COROMANDEL INDAG PRODUCTS(P) LTD.
Respondent
GARUDA CHIT & TRADING CO. P. LTD
Author
P.Sathasivam
Bench
P. SATHASIVAM,H.L. GOKHALE, , ,

Judgment text excerpt

The Supreme Court addressed the appeal against the High Court's decision in O.S.A. No. 163 of 1994, concerning a dispute over an Agreement for Sale under the Companies Act, 1956. The Court emphasized the necessity of compliance with Section 230-A of the Income Tax Act, 1961, which mandates obtaining an Income Tax Clearance Certificate before the sale can be finalized. The Court held that the appellant-Company's insistence on the required documents was justified, and the failure of the respondents to provide these documents constituted a breach of contract, leading to the dismissal of the appeal.

COROMANDEL INDAG PRODUCTS(P) LTD. vs GARUDA CHIT & TRADING CO. P. LTD · Niyam