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july 2015

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.

NANDKISHORE LALBHAI MEHTA vs NEW ERA FABRICS P.LTD.. · Niyam