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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
SC 2010/631
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 plaintiff had a legitimate basis for seeking specific performance of the agreements of sale under Section 10 of the Specific Relief Act, 1963. The Court ruled that the plaintiff's prior suits for permanent injunction did not preclude the later suits for specific performance, as the time for performance had not elapsed. The Court clarified that the plaintiff's actions were consistent with the agreements and that the defendant's attempts to frustrate the agreements were unjustified, thereby affirming the lower court's jurisdiction to entertain the suits.

M/S VIRGO INDUSTRIES (ENG) P.LTD. vs M/S VENTURETECH SOLUTIONS P.LTD. · Niyam