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May 2024

Allied Laws

By Dr. K. Shivaram, Senior Advocate, Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 8 mins

6 Venkataraman Krishnamurthy and another vs. Lodha Crown Buildmart Private Limited.

2024 SCC OnLine SC 182

Date of order: 22nd February, 2024

Agreement to sale — Agreement clauses included terms for termination — Court bound by the terms of the agreement — Courts cannot unilaterally rewrite terms of agreements [S. 2(g), S. 2(h) Indian Contract Act, 1872].

FACTS

The Appellants intended to purchase an apartment located in Mumbai from the Respondent-developer company. The parties entered into an agreement to sell. As per the said agreement to sale, the Respondent was to construct the property, get necessary approvals / certifications from the Government and deliver the possession of the apartment to the Appellants on said date, failing which, the Appellants had the option to cancel the agreement with full compensation along with interest at 12 per cent per annum. The Respondent failed to deliver the possession of the said apartment owing to certain circum

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