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july 2019

Supreme Court of India · 2019-07-01

MADHAV PRASAD AGGARWAL vs AXIS BANK LTD

Citation / case number
SC 2018/43149
Court
Supreme Court of India
Petitioner
MADHAV PRASAD AGGARWAL
Respondent
AXIS BANK LTD
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision to dismiss the suits filed by the appellants against Axis Bank Ltd. under Order 7 Rule 11(d) of the Civil Procedure Code, stating that the appellants lacked a registered agreement for the purchase of flats in the Orbit Heaven project. The Court emphasized that the absence of a formal agreement precludes the appellants from asserting rights against the bank, which had a valid mortgage on the property. The judgment reinforces the necessity of formal documentation in property transactions to establish enforceable rights.

MADHAV PRASAD AGGARWAL vs AXIS BANK LTD · Niyam