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december 2011

Supreme Court of India · 2011-12-12

MAMAN KUMAR AGRAWAL vs M/S GUPTA HOMES P.LTD.

Citation / case number
SC 2010/25592
Court
Supreme Court of India
Petitioner
MAMAN KUMAR AGRAWAL
Respondent
M/S GUPTA HOMES P.LTD.
Author
CHANDRAMAULI KR. PRASAD H.L. DATTU
Bench
CHANDRAMAULI KR. PRASAD H.L. DATTU

Judgment text excerpt

The Supreme Court upheld the High Court's order quashing the cognizance taken under Sections 406 and 420 IPC, emphasizing that the respondents must refund the amount of Rs.9,87,000/- paid by the appellant for a flat, along with 12% interest from 21.12.2006. The Court directed the respondents to make the payment within two months, failing which the appellant could seek modification of the order. The ruling reinforces the principle that a party must return amounts received under a contract when the contract is not fulfilled.

MAMAN KUMAR AGRAWAL vs M/S GUPTA HOMES P.LTD. · Niyam