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DELHI HIGH COURT
NAVIN CHAWLA
Kimaya Buildtech LLP – Appellant
Versus
Ramesh Kaul – Respondent
| Table of Content |
|---|
| 1. notice served and urgency for interim relief. (Para 1 , 2 , 3) |
| 2. defendant's claims of breach and tds issues. (Para 4 , 12 , 13) |
| 3. court's analysis on readiness and prima facie case. (Para 5 , 21 , 30) |
| 4. interim injunction criteria and specifics on tds. (Para 18 , 33 , 35) |
| 5. concluding orders regarding defendants and amended memo. (Para 36 , 38 , 39) |
JUDGMENT
Navin Chawla, J. (Oral)
I.A. 16279/2022
1. Notice on this application was issued to the defendants by the order of this Court dated 07.10.2022. On the said date, the learned counsel for the defendant no.1 had entered appearance and accepted notice on behalf of the defendant no.1. Notice was, therefore, to be served on the defendant nos.2 to 4.
2. The Office Report indicates that the report of service on the remaining defendants is awaited. The learned senior counsel for the plaintiff, however, pleaded that in absence of an ex-parte ad-interim injunction, the plaintiff apprehends that a third-party interest may be created in the property in question, and, therefore, prays for grant of an ad interim relief.
3. He has also drawn my attention to the Power of Attorney executed by the defendant nos.2 to 4 in
The court affirmed that consistent readiness to perform contractual obligations supersedes delays due to external factors, justifying the grant of specific performance and interim injunction.
Specific performance requires continual readiness and willingness to fulfill contractual obligations; consent from co-owners must be secured for the contract to be enforceable.
The court reinforced that for specific performance, a party must demonstrate readiness and willingness to fulfill contractual obligations, supported by sufficient evidence.
The main legal point established in the judgment is that readiness and willingness to perform an Agreement to Sell, as well as the obligations of the parties under the Agreement, are crucial factors ....
Continuous readiness and willingness on the part of the plaintiff is a condition precedent for obtaining relief of grant of specific performance, as mandated by Section 16(c) of the Specific Relief A....
The court ruled that a plaintiff must prove readiness and willingness to execute a sale agreement, and failure to do so, along with undue hardship to defendants, can preclude specific performance.
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