Supreme Court of India

Vinod Seth v. Devinder Bajaj and Anr.

Neutral citation
Reported as [2010] 7 S.C.R. 424
Bench R.V. Raveendran and R.M. Lodha JJ.
Decided 5 July 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that this is a fit case where the suit property should be exempted from the operation of Section 52 of the TP Act, subject to a condition relating to reasonable security, so that the defendants will have the liberty to deal with the property in any manner they B may deem fit, inspite of the pendency of the suit.

Judgment, page 36

From the headnote

Transfer of Property Act, 1882: s.52 - Suit for specific performance of oral collaboration agreement for development of residential suit premises - No application by plaintiff for interim relief - High Court directing plaintiff to furnish an undertaking to pay Rs.25 lakhs to defendants in the event of losing case observing that prima facie case not in favour of plaintiff and due to heavy dockets in courts early disposal of o suit was not possible - Propriety of - Held: There is no provision in the Code or any substantive law which enable the Court to issue a direction to a plaintiff in a suit

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