Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2016

Supreme Court of India · 2016-05-10

Mukul Sharma vs Orion India (P.) Ltd. Through Its ...

Citation / case number
AIR 2016 SUPREME COURT 2822
Court
Supreme Court of India
Petitioner
Mukul Sharma
Respondent
Orion India (P.) Ltd. Through Its ...
Bench
Rohinton Fali Nariman, Kurian Joseph

Judgment text excerpt

The Supreme Court held that the definition of 'built-up area' in the agreement between the parties must exclude common areas, contrary to the High Court's interpretation. The Court emphasized that subsequent letters (Ex.3 and Ex.4) clarified the mutual understanding of 'built-up area' as excluding common areas, thus overruling the High Court's reliance on earlier interpretations. The Court decreed that the appellant is entitled to specific performance based on the correct understanding of the agreement, thereby reversing the High Court's decision.

Mukul Sharma vs Orion India (P.) Ltd. Through Its ... · Niyam