Wadia Ghandy & Co represented client, M/s Bastion Constructions before the Bombay High Court, in a first appeal against a decree for specific performance of a contract for sale of land admeasuring 99,709.1 square metres at Malad, owned by the trustees of F.E Dinshaw Trust.
In this landmark case, the Division Bench rejected the appeal of the aforesaid trustees, granted specific performance to M/s Bastion Constructions and imposed costs upon the aforesaid trustees. The Court accepted the firm’s submission that certain terms in the contract were rendered discharged/redundant by repeal of the ULC Act and the aforesaid trustees were not entitled to repudiate the contract. The Court held that rise in price was not a relevant factor to deny specific relief in the instant case. The High Court further held that juridical possession is distinct from physical possession and the issue of possession is merely incidental to the principal relief of specific performance.
The matter was led by Managing Partner Dhawal Mehta, and Partners Jasmine Sheth Kachalia, Tanvi Shah assisted by Senior Associate Aryan Srivastava and Associates Sahil Singh and. Shubadha Khandekar.
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