VidhiSangh

Supreme Court of India · 24/04/2019

HARI STEEL AND GENERAL INDUSTRIES LTD. & ANR. versus DALJIT SINGH & ORS.

[2019] 6 S.C.R. 819 · 2019 INSC 569

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Summary

The Supreme Court set aside a decree for specific performance granted on admissions where the sellers disputed substituted agreement pages, the consideration received and the financial records relied upon. Acknowledging a transaction did not unequivocally admit all the disputed contractual terms. Order XII Rule 6 required clear and unconditional admissions and remained discretionary. These substantial disputes required trial, and depositing the balance consideration after the appellate decree did not itself establish readiness and willingness.

Issues

  1. Whether the pleadings and other statements constituted unequivocal admissions warranting specific performance without trial.
  2. Whether disputed financial records and statements in bail proceedings supported judgment on admissions.
  3. Whether subsequent deposit of the balance consideration established readiness and willingness.

Provisions considered

Held

Result

Appeal allowed. Division Bench decree set aside and rejection of the Order XII Rule 6 application restored; application dismissed without costs. Deposited balance consideration, with accrued interest if any, to be refunded. Suit to proceed expeditiously on its merits.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 819.