Supreme Court of India

Kerala Financial Corporation v. Vincent Paul & Anr.

Neutral citation
Reported as [2011] 3 S.C.R. 862
Bench P. Sathasivam and Dr. B.S. Chauhan JJ.
Decided 14 March 2011

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

Accordingly, we set C aside the judgment and order passed by the High Court granting decree for specific performance in favour of Vincent Paul and all other sale transactions either in the form of tender or auction in respect of the property in question.

Judgment, page 17

From the headnote

CONTRACT: c Tender - Non-compliance of conditions - Condition of the tender to deposit 25% of sale price within one week - Letter issued to the sole tenderer to deposit the amount of sale price after adjusting the earnest money - Another letter sent to the bidder that further proceedings could be finalized only after the temporary injunction was vacated by court - Held: Unless the conditions were fulfilled, the bidder cannot take advantage of mere remittance of a sum towards earnest money - Trial court rightly dismissed the suit for specific perfo mance of agreement of auction sale - High

Where later benches applied it

Of those, 1 relied on

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