Bombay High Court dismissed the appeal preferring an order for specific performance where the lower court directed the appellants to pay Rs. 25 lacs to show readiness and willingness to perform their payment obligations.
Appeal dismissed; direction to pay Rs. 25 lacs upheld; other applications disposed of accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1) (8) AOST 27259/15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Amk
APPEAL FROM ORDER (ST) NO. 27259 OF 2015 WITH CIVIL APPLICATION NO. 27262 OF 2015
.. Appellants/Plaintiffs
Mitul S. Poddar & Anr. .. Appellants/Plaintiffs Vs. Kishor Lalchand Makhija .. Respondent
Ms. Shweta Indrasen Singh for the Appellants/Plaintiffs. Mr. K. B. Bhambid for the Respondent.
CORAM : MRS. ROSHAN DALVI, J. DATE : 8 th OCTOBER, 2015.
P.C.
(ROSHAN DALVI J.)
(2) (8) AOST 27259/15
C E R T I F I C A T E
“I certify that this Order uploaded is a true and correct copy of original signed Order.”
2 issues framed by the court
Whether the appellants/plaintiffs are ready and willing to perform their payment obligations under the contract to seek specific performance?
Whether the direction to deposit Rs. 25 lacs to demonstrate readiness and willingness in the impugned order is correct?
Mitul S. Poddar & Anr.
Kishor Lalchand Makhija
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
