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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, P.V.BALAKRISHNAN
Trinity Arcade Private Limited – Appellant
Versus
K.J. Paul – Respondent
| Table of Content |
|---|
| 1. settlement agreement terms for land sale. (Para 1 , 2 , 3) |
| 2. communication between parties on registration process. (Para 4 , 6 , 7 , 8) |
| 3. disputes regarding payment and execution obligations. (Para 9 , 10 , 11) |
| 4. interpretation of settlement agreement clauses. (Para 18 , 19) |
| 5. court's ruling and enforcement order. (Para 21 , 24 , 25) |
JUDGMENT
The present company appeal is directed at the instance of the Company named M/s.Trinity Arcade Pvt.Ltd., Respondent No.1 before the Company Law Board in Company Application No.125 of 2011 in Company Petition No.91 of 2010, against the order dated 11.10.2012 in the aforementioned Company Application, whereby the Company Application aforementioned filed by the applicant – respondent No.1 herein, has been allowed and the respondent Company - appellant herein, has been directed to implement the terms and conditions of the settlement on or before 10.11.2012 and file a memo of compliance within a period of ten(10) days.
Company Petition No.91 of 2010 was filed before the Company Law Board claiming various reliefs against the appellant – respondent Company. Both the parties to the lis entered into a settlement agreement dated 12.11.2
The court affirmed that clearly defined settlement terms are enforceable, requiring parties to comply with obligations regarding property transfers and payments without ambiguity.
A sale deed executed under coercion, influenced by government circulars limiting sales, is void, affirming the right to property under Article 300A.
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
The main legal point established in the judgment is the court's discretion to decree specific performance under Section 20 of the Specific Relief Act, 1963.
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