Vikas Aggarwal vs Bal Krishna Gupta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Vikas Aggarwal – Appellant
Versus
Bal Krishna Gupta – Respondent

Table of Content
1. plaintiff's failure to perform contract duties (Para 3 , 4)
2. provisions under specific relief act (Para 5 , 6)
3. previous case law distinctions (Para 8 , 9 , 10)
4. original proceedings vs. applications post-decree (Para 11 , 15 , 18)
5. forfeiture of amounts paid as advance (Para 20 , 21)
6. dismissal of the application and liberty to sue (Para 22 , 23 , 24 , 25)

JUDGMENT

IA No.2919/2020 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

IA No.2918/2020 (of plaintiff u/S 27 of SPECIFIC RELIEF ACT , 1963)

3. The applicant/plaintiff, after failing to perform its part of the decree dated 20th July, 2016 for specific performance of Agreement to Sell dated 1st February, 2013 passed in his favour i.e. deposit of balance sale consideration in this Court and to thereafter call upon the two defendants to deliver possession and execute sale deed and after dismissal vide judgment dated 27th October, 2016 of RFA(OS) No.75/2016 preferred by the applicant/plaintiff against the said decree, and after the dismissal on 3rd April, 2017, in limine of the Special Leave Petition (SLP) (C) No.6539/2017 preferred thereagainst has applied under

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DELHI HIGH COURTRAJIV SAHAI ENDLAWVikas Aggarwal – AppellantVersusBal Krishna Gupta – Respondent

DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Vikas Aggarwal – Appellant
Versus
Bal Krishna Gupta – Respondent