Supreme Court · 2011 INSC 204 · Decided 14 March 2011

Kerala Financial Corporation v. Vincent Paul & ANR.

Court
Supreme Court of India
Citation
2011 INSC 204 · [2011] 3 S.C.R. 862
Case number
CIVIL APPEAL No. 3446/2003
Decided
14 March 2011
Bench
P. SATHASIVAM, B.S. CHAUHAN (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
CPC

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 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 Court in an E

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