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sanjeev kumar (cleark)     15 July 2014

Order 2 rule 2

Hello Sir, I am a party in a specific performance dispute and now case is in second appeal. My query is

In 2013, Two judge bench of Supreme Court pronounced a judgment named Virgo Industries (Eng.) (P) Ltd. Vs. Venturetech Solutions (P) Ltd., (2013). In the said decision it was held that after breach of agreement even before last date of performance, for filing Specific performance case against the seller, buyer need not to wait for passing of last date of performance.

 

In 1988, Three judge bench of Supreme Court in 1988   in Jawaharlal Wadhwa and Another vs Haripada Chakroberty 1988, pronounced that if seller refused before last day of performance, which means, anticipatory breach of agreement, only damages can be claimed before the last date performance and specific performance can be claimed only after passing of last day of performance.

 

Both stands are contradictory. Will a two bench judgment of 2013 will prevail or three bench but old judgment will prevail.      



 1 Replies

sanjeev kumar (cleark)     10 August 2014

No response, from learned members

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