Supreme Court of India · 2015-07-08
NANDKISHORE LALBHAI MEHTA vs NEW ERA FABRICS P.LTD..
- Citation / case number
- SC 2008/37246
- Court
- Supreme Court of India
- Petitioner
- NANDKISHORE LALBHAI MEHTA
- Respondent
- NEW ERA FABRICS P.LTD..
- Author
- R.K. Agrawal
- Bench
- R.K. AGRAWAL RANJAN GOGOI
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the decree for specific performance of an agreement dated 19.10.1977 under the Urban Land (Ceiling and Regulation) Act, emphasizing that the appellant failed to fulfill the conditions precedent for the agreement, particularly the payment timelines and obtaining necessary permissions under Sections 22 and 27 of the Act. The Court clarified that time was of the essence in the agreement, and the failure to comply with the stipulated conditions justified the cancellation of the agreement. Consequently, the appeal was dismissed, affirming the High Court's ruling.