Search Results for Tag : Earnest Money

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Delhi HC: Arbitrator Can’t Allow Forfeiture of Consideration Amount Without a Proof of Actual Loss(23.05.2022)

Delhi High Court has held that the arbitrator cannot allow forfeiture of a substantial amount of consideration without the proof of actual loss solely.....

Tags : Delhi High Court, Earnest Money, Arbitration

Kar HC: Rule 9(5) Has Mandatory Application if Auction Purchaser is Unable to Pay Sale Consideration(18.10.2024)

Kar. HC has held that Rule 9(5) of the Security Interest (Enforcement) Rules, 2002 providing for forfeiture of the earnest money has mandatory applica.....

Tags : Karnataka High Court, Earnest Money, Sale Consideration

SC: Plaint May be Amended at Any Stage of Proceedings to Enable Plaintiff to Seek Alternative Relief(05.05.2025)

Supreme Court has observed that the plaint may be amended at any stage of the proceedings to enable the plaintiff to seek an alternative relief, inclu.....

Tags : Supreme Court, Alternative Relief, Earnest Money

SC: Clause for Forfeiture of Earnest Money is Not Penal in Ordinary Sense(05.05.2025)

Supreme Court has observed that a clause for the forfeiture of earnest money is not penal in the ordinary sense, rendering Section 74 of the Indian Co.....

Tags : Supreme Court, Earnest Money, Section 74

SC: Forfeiture of Earnest Money Impermissible When Both Buyer and Seller are at Fault(06.01.2026)

Supreme Court held that forfeiture of earnest money is impermissible when both buyer and seller are at fault in performing the contract, as such forfe.....

Tags : Forfeiture, Earnest Money, Buyer

SC: SARFAESI Auction Valid Despite EMD Shortfall Where 25% Price Was Paid on Auction Day(24.08.2026)

Supreme Court held that a SARFAESI auction sale cannot be set aside merely for a shortfall in EMD where the purchaser deposits the mandatory 25% of th.....

Tags : Earnest Money Deposit; Sale; Auction