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Showing contexts for: Pre launch projects in Harish Goel vs Vipul Ltd on 31 January, 2026Matching Fragments
Breach of contract / failure of consideration Even if the "Future Project" was a bona fide pre-launch mechanism, defendant's failure, over several years, either to bring the project to fruition or to refund the registration amounts on demand constitutes breach of its obligations under Sections 37 and 73 of the Contract Act (performance and compensation for breach).
Defendant's own theory - that plaintiff's only right was to seek refund with 9% interest upon notice - reinforces that, once notice was given in 2010, refund became immediately payable; retention thereafter is wrongful. Plaintiff, having paid consideration for a contemplated allotment that never occurred, is at least entitled to restitution of money paid, along with reasonable interest for wrongful retention and loss of use; this is consistent with the law of unjust enrichment and Section 70 and 72 principles, though the primary foundation remains contractual.