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Supreme Court Allows Appeal in Specific Performance Case — Time Was Essence of Contract; Forfeiture of Earnest Money Upheld. Breach by Buyer in Agreements to Sell Land in Gurgaon Leads to Dismissal of Suit for Specific Performance and Refund of Earnest Money.

The case involves a dispute over two agreements to sell agricultural land in Gurgaon, executed on 17.02.2004, between the appellants (sellers) and the...

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Bombay High Court Quashes Cancellation of Plot Allotment and Forfeiture of Earnest Money by MIDC for Violation of Natural Justice. Allotment Cancelled Without Show Cause Notice Held Illegal Under Terms of Allotment Letter and Principles of Natural Justice.

The petitioner, M/s. Magma Agro Products Pvt. Ltd., a registered private limited company engaged in manufacturing agro-based products, applied to the ...

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High Court of Karnataka Allows Liquidator's Appeal, Upholds Forfeiture of EMD and PDM for Default by Successful Bidder in Liquidation Sale. Writ Petitioner's Failure to Pay Balance Sale Consideration Within Stipulated Time Justified Forfeiture Under IBC Regulations.

The appellant, Sri Pankaj Srivastava, Liquidator of M/s Samrudhi Realty Ltd., appealed against an order dated 12.12.2024 passed by a learned Single Ju...

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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.

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

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Bombay High Court Allows Refund of Earnest Money in Tender Withdrawal Case — Forfeiture Order Set Aside. Petitioner's withdrawal of offer before tender opening due to delay held valid, and forfeiture of earnest money without contractual basis was illegal.

The petitioner, Vinod J. Agarwal, filed a writ petition seeking a declaration that the order of forfeiture of earnest money passed by the Mira-Bhayand...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Agricultural Land Enforced as Plaintiff Proved Readiness and Willingness to Perform Contract.

The respondent-plaintiff Shankar Sonaji Shingne filed a suit for specific performance of an agreement to sell 18 acres of agricultural land owned by t...