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.