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DELHI HIGH COURT
MINI PUSHKARNA
Ireo Private Limited – Appellant
Versus
Vibhor Home Developers Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. urgent directions for stay under sarfaesi act. (Para 1) |
| 2. jurisdictional argument under sarfaesi act. (Para 2 , 3) |
| 3. petitioners' authority contesting notice validity. (Para 4 , 5) |
| 4. background on loan and sale proceedings. (Para 7 , 8 , 9 , 10) |
| 5. auction challenges and subsequent settlements. (Para 11 , 12 , 13 , 14) |
| 6. details on settlement deed terms. (Para 15 , 16 , 17 , 18) |
| 7. further settlement agreements elaboration. (Para 19 , 20) |
| 8. confirmation of auction sale by division bench. (Para 21 , 22) |
| 9. notice for possession following court rulings. (Para 23 , 24 , 25 , 26) |
| 10. petitioners' concerns over confidentiality in prior rulings. (Para 27 , 28 , 29 , 30) |
| 11. allegations against dishonest actions of respondents. (Para 31 , 32) |
| 12. legal citations supporting petitioners' position. (Para 33 , 34 , 35) |
| 13. respondents' claims and contract interpretation. (Para 36 , 37 , 38) |
| 14. counterarguments regarding the enforceability of mou. (Para 39 , 40 , 41 , 42) |
| 15. arguments on enforcement and timing of agreements. (Para 43 , 44 , 45 , 46) |
| 16. analysis of agreements and severability issues. (Para 47 , 48 , 49) |
| 17. legal references on contract enforceability. (Para 50 , 51 , |
In a contract for sale of immovable property, normally it is presumed that time is not the essence of the contract. Even if there is an express stipulation to that effect, the said presumption can be....
Specific performance of a determinable agreement cannot be enforced under the Specific Relief Act, emphasizing the need for timely compliance with contract terms.
The court upheld the specific performance of the Joint Venture Agreement and granted interim measures under Section 17 of the Arbitration and Conciliation Act to prevent the appellant from disrupting....
Personal guarantees impose binding restrictions on asset dealings, reaffirming the need for arbitration in disputes regarding mortgages and lending agreements.
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