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SC dismisses DLF’s plea, asks it to Execute Agreement

May 22, 2008
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The Supreme Court has dismissed real estate major DLF Univeral Ltd’s plea challenging Monopolies and Restrictive Trade Practices Commission’s order asking it to execute an agreement for setting up a nursery school in Gurgaon, Haryana with certain changes.

A bench comprising Justices S B Sinha and L S Panta recently stated, while upholding the MRTPC’s judgement, “Once the appellants (DLF) have accepted the earlier order of the Commission dated January 16, 2004 which has attained finality, the appellants are left with no option but to execute a fresh lease deed with the complainant on modified terms suggested by him. The order of the Commission impugned in this appeal does not suffer from any manifest error or perversity or invalidity.”

“We find no merit in this appeal and it is accordingly dismissed… Time granted by the Commission, however, shall be extended by four weeks as prayed,” Justice Panta, writing the verdict for the bench, stated.

DLF Universal Ltd had moved the apex court stating that MRTPC had no jurisdiction to deal with complaints relating to specific performance of the agreement to lease a property.

DLF had entered into a lease agreement with one Raj Kamal for construction and setting up of a nursery school in Haryana within a time-bound schedule. The state government in 1992 had transferred lands demarcated for community sites to DLF Qutub Enclave Educational Trust.


News Published Under:   Real Estate India |



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