Supreme Court of India

Vidur Impex and Traders Pvt. Ltd. and Others v. Tosh Apartments Pvt. Ltd. and Others

Neutral citation
Bench G.S. Singhvi and Sudhansu Jyoti Mukhopadhaya JJ.
Decided 21 August 2012

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the appeals are dismissed. For their contumacious conduct of suppressing facts from the Calcutta High Court and thereby prolonging the litigation, the appellants and Bhagwati Developers are saddled with cost of Rs.5 lakhs each. The amount of cost shall be deposited by them with the Supreme Court Legal Services Committee within a period of three months.

Judgment, 43

From the headnote

Code of Civil Procedure, 1908 - Or. I r. 10(2) and Or. XL - Agreement for sale in respect of suit property by R-2 in favour of R-1 - Thereafter R-2 giving possession of property to R-4 - Suit for specific performance by R-1, before Delhi High Court - Interim injunction by Delhi High Court from transferring or alienating the property - R-2 in violation of interim order executed sale deeds in favour of appellants - The appellants further executing agreement for sale in favour of Developers - Delhi High Court appointing Receiver - Developers filing case against the appellants in Calcutta for execution of sale deed in their favour…

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