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september 2012

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.

M/S Virgo Industries (Eng) P.Ltd vs M/S Venturetech Solutions P.Ltd · Niyam