Supreme Court of India · 2012-09-07
M/S Virgo Industries (Eng) P.Ltd vs M/S Venturetech Solutions P.Ltd
- Citation / case number
- AIRONLINE 2012 SC 542
- Court
- Supreme Court of India
- Petitioner
- M/S Virgo Industries (Eng) P.Ltd
- Respondent
- M/S Venturetech Solutions P.Ltd
- Author
- Ranjan Gogoi
- Bench
- Ranjan Gogoi, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the High Court's decision to refuse to strike off the plaints in O.S. Nos. 202 and 203 of 2007, emphasizing that the provisions of Order II Rule 2 of the Civil Procedure Code, 1908 do not bar the maintainability of the suits. The Court clarified that the plaintiff's earlier suits for permanent injunction did not preclude subsequent suits for specific performance, as the time for performance had not elapsed. The Court held that the plaintiff was entitled to seek specific performance after the initial agreements were not honored by the defendant.