Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Execution of Expansion of decree Impermissibility of Decree |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Decree – Execution of – Expansion of decree – Impermissibility of – Parties entered into a joint venture agreement for a project – Each party brought in ₹10 crores as loans to finance the project – Respondents bid for the entire 50% shareholding of the appellants for consideration of ₹36.75 crores which was accepted, reduced in writing by way of email dtd. 28.03.19 – However, disagreement arose as to whether this amount was inclusive of the loan of ₹10 crores – Suit filed by respondents for declaration that the agreement dtd. 28.03.19 was binding on the appellants and for specific performance – Decree on admission passed – In execution proceedings, Single Judge construed the decree by looking into the pleadings and held that ₹36.75 crores was inclusive of the loan amount – Upheld by Division Bench – Held: An Executing Court can construe a decree if it is ambiguous – However, in the present case, this cannot result in additions (to the terms of the consent, embodied in the email dtd. 28.03.19) which were not agreed upon by the parties, since the decree was drawn on by consent of both parties at admissions stage itself – There was a clear lack of consensus on the inclusion of the loan amount into the agreement consideration – Both the Courts have, by selectively perusing the emails, altered the terms of the decree to include the loan amount into the agreement consideration – Impugned judgment set aside – Code of Civil Procedure, 1908 – Order XII, r. 6. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2023 INSC 149 |
Petitioner | Sanwarlal Agrawal & Ors. |
Respondent | Ashok Kumar Kothari & Ors. |
SCR | [2023] 2 S.C.R. 497 |
Judgement Date | 2023-02-21 |
Case Number | 1312 |
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