Search Results for "Performance Deposit"

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Search Results for "Performance Deposit"

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High Court

Bombay High Court Dismisses Revision Against Execution of Decree for Specific Performance of Contract — Objection to Executability Rejected as Decree Was Not Conditional on Deposit of Balance Consideration. The decree directed defendant to execute sale deed within two months of plaintiff paying balance consideration; failure to deposit within two months does not bar execution.

7 Feb 2012

The case involves a civil revision application challenging an order dated 3-12-2007 passed by the Civil Judge, Senior Division, Bhandara, rejecting th...

High Court

Bombay High Court Allows Petition Challenging Demand for 10% Performance Security Deposit in Railway Catering Tender. Court holds that demand for 10% performance guarantee instead of 3% as per Railway Board Circular dated 20.11.2020 is arbitrary and unsustainable.

19 Oct 2023

The petitioner, M/s. Shiv & Sons, a proprietory concern, participated in a tender issued by the Central Railway, Nagpur Division, for catering service...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

8 May 2026

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

Supreme Court

Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

6 May 2026

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

High Court

Bombay High Court Allows Petition Against Forfeiture of Earnest Money in Toll Collection Tender Dispute. Variation in Contract Period from 90 Weeks to 52 Weeks Constitutes Counter-Offer, Not Acceptance, Thus Forfeiture Invalid.

1 Apr 2014

The petitioner, M/s Abhay Construction, a partnership firm, submitted a tender to the Maharashtra State Road Development Corporation Ltd. for collecti...

High Court

Bombay High Court Allows Petition Challenging 10% Performance Security Deposit in Railway Catering Contract. Court holds that Railway Board Circular dated 20.11.2020 prescribing 3% performance guarantee is binding and demand for 10% is arbitrary.

19 Oct 2023

The petitioner, M/s. Shiv & Sons, a proprietorship concern, responded to a tender notice dated 01.03.2023 issued by the Nagpur Division of Central Rai...

High Court

High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

19 Dec 2023

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

Supreme Court

Supreme Court Allows Appeal Against Deposit Condition in Anticipatory Bail — Pre-Arrest Bail Cannot Be Used as Recovery Mechanism Under Section 438 CrPC in Cheating Case Under Section 420 IPC.

4 Jul 2023

The Supreme Court addressed a recurring issue where courts, while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

High Court

High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

11 Aug 2014

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

Supreme Court

Supreme Court Dismisses Appeal in Contract Dispute Over Tender Terms and Recovery of Differential Contract Value. The Court upheld the High Court's finding that absence of formal contract execution precluded invocation of general terms for recovery, distinguishing between condition precedent and subsequent in contract formation under Indian Contract Act, 1872.

23 Jul 2021

The dispute arose from a tender floated by South Eastern Coalfields Ltd. for hiring equipment and related work. The respondent was the successful bidd...

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