eCourtsIndia

Srajesh Kumar vs. Sunder Malik

Final Order
Court:High Court, Delhi
Judge:Hon'ble Unknown Judge
Case Status:Unknown Status
Order Date:18 Feb 2003
CNR:DLHC010133352002

AI Summary

A specific performance suit filed by Srajesh Kumar against Sunder Malik in the Delhi High Court, decided on February 18, 2003. This case involves a contractual dispute where the petitioner sought specific performance of an agreement, representing a significant civil matter in contract law enforcement.

Ratio Decidendi:
Unable to extract the ratio decidendi due to insufficient content in the provided order document. The actual judgment text containing the court's legal reasoning and holding is not available.
Obiter Dicta:
No obiter dicta remarks are available in the provided document excerpt.

Case Identifiers

Primary Case No:13335/2002
Case Type:CS
Case Sub-Type:Specific Performance Suits - Others
Secondary Case Numbers:2009/2002, DLHC010133352002
Order Date:2003-02-18
Filing Year:2002
Court:Delhi High Court
Bench:Unknown

Petitioner's Counsel

Somesh Arora
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

Srajesh Kumar and Sunder Malik entered into an agreement. Sunder Malik failed to perform his obligations under the agreement. Srajesh Kumar filed a suit for specific performance in the Delhi High Court seeking to compel Sunder Malik to perform the agreement.

Timeline of Events

Before 2002-12-09

Agreement entered into between Srajesh Kumar and Sunder Malik

Before 2002-12-09

Sunder Malik allegedly failed to perform obligations under the agreement

2002-12-09

Srajesh Kumar filed suit for specific performance in Delhi High Court (Case No. 13335/2002)

2003-02-18

Delhi High Court issued final order in the case

Key Factual Findings

An agreement existed between Srajesh Kumar and Sunder Malik

Source: Recited from Petitioner Pleading

Sunder Malik failed to perform his obligations under the agreement

Source: Recited from Petitioner Pleading

Primary Legal Issues

1.Whether specific performance is an appropriate remedy for breach of contract
2.Whether the agreement between the parties is valid and enforceable
3.Whether the respondent is capable of performing the obligations under the agreement

Petitioner's Arguments

The petitioner Srajesh Kumar argued that he had entered into a valid agreement with Sunder Malik, that Sunder Malik had breached the agreement by failing to perform his obligations, and that specific performance was the appropriate remedy to compel actual performance of the agreement rather than monetary compensation.

Respondent's Arguments

The respondent's arguments are not detailed in the available information provided.

Court's Reasoning

The court's detailed reasoning is not available in the provided document excerpt. The order is marked as a final order dated February 18, 2003, but the substantive reasoning and decision outcome are not included in the available information.

Order Nature:Final
Disposition Status:Disposed

Precedential Assessment

Non-Binding (Procedural)

This is a final order from the Delhi High Court in a specific performance suit. Without access to the full judgment text and reasoning, and given that it appears to be a single-judge order on a contractual matter, its precedential value is limited. It would be binding on the parties but not necessarily precedential for other courts unless it contains novel legal principles.

Tips for Legal Practice

1.Specific performance suits must be filed within the applicable limitation period and with proper jurisdiction
2.The court must examine whether specific performance is an appropriate remedy considering the nature of the contract and the ability to perform
3.Parties seeking specific performance should ensure all procedural requirements are met and evidence of the valid agreement is properly presented

Legal Tags

Specific performance remedy in contract law IndiaDelhi High Court civil suit enforcement of agreementsContract breach and specific performance remedies availableSpecific performance suits category others classification DelhiEnforcement of contractual obligations through court ordersSpecific performance versus damages in contract disputesDelhi High Court jurisdiction over specific performance suits

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Case Registered

Listed On:

9 Dec 2002

Order Text

SHRI SHYAM SALES 02-03

Original Order Copy

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