Anand Saravgi vs Manan Bajaj
2022 Latest Caselaw 16429 MP

                                                                           1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                     SA No. 1668 of 2021
                                                            (ANAND SARAVGI Vs MANAN BAJAJ AND OTHERS)

                                     Dated : 12-12-2022
                                           Shri Kishor Shrivastava - Senior Advocate with Shri Kapil Jain -

                                     Advocate for the appellant.
                                           Shri Nagendra Singh Solanki - Panel Lawyer for the respondent/State.

Heard on the question of admission. The appeal is admitted on following substantial questions of law :

"1. Whether the denial of the respondent that the applicant was not ready and willing to perform his part of contract was misconceived notion and court below grossly erred in holding that appellant was not ready and willing to perform his part of contract ?

2. Whether, the judgment and decree is totally perverse in holding that time was essence of the contract in view of the fact that agreement dated 08.03.2013 does not contains any forfeiture clause if sale deed is not executed within time limit as settled by the various judgments ?"

Issue notice of the appeal as well as I.A. No.8933/2021 along with aforesaid substantial questions of law to the respondents on payment of P.F. within a period of 7 days by registered A.D. as well as by ordinary mode.

Subject to hearing other side, it is directed that the respondents shall not create any third party interest with regard to property in dispute till the next date of hearing.

Signature Not Verified SAN

Digitally signed by RASHMI TIKARAM CHIKANE Date: 2022.12.13 11:34:10 IST (PRAKASH CHANDRA GUPTA)

JUDGE RC

Signature Not Verified SAN

Digitally signed by RASHMI TIKARAM CHIKANE Date: 2022.12.13 11:34:10 IST