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S. G. PANDIT, C. M. POONACHA
Riyaz Ahmed Shariff – Appellant
Versus
Purvankara Projects Ltd. – Respondent
ORDER :
C.M. Poonacha, J.
The present Writ Petition is filed seeking for the following reliefs:
b) Pass any other appropriate order or directions as this Hon'ble court deems fit on the facts and circumstances of the case."
2. The relevant facts necessary for consideration of the present petition are that the first petitioner entered into a Memorandum of Understanding, dated 24.2.2023 [Hereinafter referred to as the 'MOU'] with the first respondent. Due to certain disputes that arose between the parties from the said MOU, arbitration proceedings in CMP No.83/2006 was initiated before the second respondent - the Sole Arbitrator, Hon'ble Mr. Justice Patri Basavanagoud (Retd.,) Hereinafter referred to as the 'Arbitral Tribunal'], wherein the first respondent was the claimant and the first petitioner was the respondent represented by his Power of Attorney Holder - the second petitioner. Vide Award dated 17.12.2012
The court held that once an arbitral award is fully executed, a party cannot seek rescission of the underlying contract under Section 28 of the Specific Relief Act.
The executing court retains jurisdiction to extend time for compliance with a decree for specific performance, even amidst an application for rescission, particularly when the judgment debtor's inact....
The obligation under a decree for specific performance primarily lies with the judgment-debtor to execute the deed, while the decree-holder's readiness must be established, affirming the non-applicab....
Rescission of contract – Application seeking rescission of contract or extension of time, under Section 28 (1) of Specific Relief Act, 1963 must be decided as application in original suit wherein dec....
Applications for rescission of contracts must be made in the same suit where the decree was issued, not in execution proceedings.
The court emphasized the need for adherence to justice over technical procedural barriers, especially in execution petitions under the Specific Relief Act.
The court established that under Section 28 of the Specific Relief Act, the trial court retains jurisdiction to extend time for compliance and to rescind contracts based on equitable considerations.
The court retains jurisdiction to extend time for performance of a decree, but such extensions must be justified and considered alongside applications for rescission to ensure fairness.
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