Supreme Court of India · 2015-04-01
EXCEL DEALCOMM PVT. LTD. vs ASSET RECONST. COMPANY (INDIA) LTD. & OR
- Citation / case number
- SC 2013/12845
- Court
- Supreme Court of India
- Petitioner
- EXCEL DEALCOMM PVT. LTD.
- Respondent
- ASSET RECONST. COMPANY (INDIA) LTD. & OR
- Author
- Pinaki Chandra Ghose
- Bench
- PINAKI CHANDRA GHOSE M.Y. EQBAL
Judgment text excerpt
The Supreme Court held that the Calcutta High Court erred in assuming jurisdiction to dismiss the appellant's suit for specific performance of the Agreement dated 13.02.2007 under the SARFAESI Act, specifically Section 13. The Court established that the Agreement was not concluded and thus unenforceable, affirming the High Court's dismissal of Civil Suit No.299 of 2007. The appeal was dismissed, reinforcing the jurisdictional limitations of the High Court in such matters.