application under Section 28 of the Specific Relief Act, 1963 for rescission of
the aforesaid agreement for sale on the ground that the petitioner ... date of the said order and in default
the order of rescission of the said agreement for sale has been directed to be
vacated
2001 is also not
in dispute. Further fact that till the rescission of the
contract, the value of the construction work done by the
plaintiff ... also not in dispute.
Further fact that subsequent to the communication of
rescission of the contract, plaintiff has filed CMP
No.48/2003 before
virtue of the provisions of Section 28 1 of
1 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property ... willingness of the decree holder. The judgment debtor did not seek
the rescission of the contract under the provisions of Section 28 of the
Specific
would submit that since the Claimant had applied for rescission of
contract, the second part of section 19 of the Indian Contract Act, 1872
could ... other section of the said Act permitting a party to sue for
rescission of the agreement and in the alternate for specific performance.
He also
would submit that since the Claimant had applied for rescission of
contract, the second part of section 19 of the Indian Contract Act, 1872
could ... other section of the said Act permitting a party to sue for
rescission of the agreement and in the alternate for specific performance.
He also
notification
dated 21.06.2006 vide GSR No.373 (E), though clarifying that ―such
rescission shall not affect anything done or omitted to be done under ... 4120/2016 Page 14 of 42
the said Notification before such rescission‖. It may be noted here that
in the present case the complaint
which are as under:-
Claim No. Nature of claim
01 Declaration, that, rescission of the agreement is illegal and
void.
02 Declaration, that, any action ... view, the question would not be
whether the rescission of the contract was
unreasonable and, therefore, unjustified but whether
the rescission of the contract
Single Judge held that the first objection regarding rescission of rules raised in the counter affidavit had already been dealt with by this court exhaustively ... Retrenched Employees of the State Government/Public Sector Corporation in Government Service (Rescission) Rules, 2003 (hereinafter referred to as ?the 2003 Rules?) which was also
must have made mistakes of meaning or syntax; that a
claim to rescission could be made only by the owner of the
mortgaged property ... assignable chose in
action but was simply part of the process of rescission; and that in
reserving to the investor any claim to abatement
contractor, under Clause-3 of the Agreement, followed by
rescission of the work on 29.01.1993. Thereafter, the respondent/PWD
invoked the arbitration clause and filed ... within 18 months, but had
taken 48 months to do so, after rescission of the contract with the
appellant/contractor. He submits that if such
