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april 2015

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.

EXCEL DEALCOMM PVT. LTD. vs ASSET RECONST. COMPANY (INDIA) LTD. & OR · Niyam