Study with the several resources on Docsity
Earn points by helping other students or get them with a premium plan
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community for help and clear up your study doubts
Discover the best universities in your country according to Docsity users
Free resources
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
A real-life case study involving a dispute over a real estate sale agreement in bangalore, india. It outlines the facts of the case, the issues raised, arguments advanced by the claimant, and the prayer for relief. The case study provides insights into the legal framework governing real estate transactions and arbitration proceedings in india, particularly focusing on the application of the specific relief act and the arbitration and conciliation act. It also highlights the importance of clear contractual terms and the potential consequences of breach of contract.
Typology: Exercises
1 / 8
This page cannot be seen from the preview
Don't miss anything!
S/o Ramlal Aged 55 #53/2 Ujala Factory, Near Bus Stop, Bommanahalli, Bangalore- Vs.
S/o Manoj Aged 49 Near Koramangala Water Tank, Madivala Post, Bangalore-
Mohanraj…………………………………………………Claimant Vs. Sunil……………………………………………………….Respondent
There is no prohibition in specific relief act that issues relating to specific performance of contract relating to immovable property cannot be referred to Arbitration nor there is any prohibition contained in the Arbitration and Conciliation Act 1996. The Supreme Court in the case ‘Olympics Superstructures pvt ltd v/s Meena Vijay Ketan and ors’ held that the arbitrator can grant specific performance under the specific relief act based on the judgment made by Punjab High Court in the case ‘Laxminarayan v/s Ragubir Singh’ and Bombay High Court in the case ‘Fertilizer co-operation of India v/s Chemical Construction’ and Calcutta High Court in the case ‘Keventer argo ltd v/s Sugram Co-operation ltd’. ‘Overruled the decision made by the Delhi High Court in the case ‘PNB Finance Limited v/s Shital Prasad Jain and others’. The High court has taken a view that an arbitrator can grant the specific performance of an agreement of sale deeds with immovable property. The Supreme Court in the above mention case of ‘Olympics Superstructures pvt ltd v/s Meena Vijay Khetan’ reported in AIR 1999 8C 2101 held the right to specific performance of an agreement of sale deeds with contractual right and it is certainly open to the parties to agree- to shorten litigation in regular courts- to refer the issues relating to specific performance to arbitration there is no prohibition in the Specific to Relief Act 1963 that issues relating to specific performance of a contract relating to immovable property cannot be referred to arbitration nor there is such a prohibition contained in the Arbitration and Conciliation Act, 1996 which contained a prohibition relating to Specific Performance of contracts concerning the immovable property. Therefore, the Supreme court agreed with the reasoning of the Calcutta High Court and overruled the view of the Delhi High Court. Section 17 of Arbitration and Conciliation Act gives prohibition for the interim measure ordered by Arbitral Tribunal. ISSUE 2 While entering into the agreement, there was offer, acceptance, and both the parties were competent for performing their part contract. My client 99,00,000/- and in spite of having three months of time approached the respondent within 45 days to pay the remaining the balance amount of rupees 4,01,00,000 complete the said transaction.
Wherefore, the claimant in the above petition most respectfully prays that this Hon’ble tribunal may kindly be pleased to pass an order as follows:
I, Mohanraj s/o Ramlal , the claimant do hereby declare and verify that what is stated is true and best of my knowledge , information and belief. PLACE DATE CLAIMANT
