In Brief

K.S. Infraspace LLP sought specific performance for the sale of land in Gujarat to Ambalal Sarabhai Enterprise and Haryana Containers Ltd., claiming a concluded contract based on email acceptance of a draft MoU and WhatsApp communications, with an advance of Rs.2.16 crores paid. The High Court affirmed the grant of temporary injunction. The Supreme Court set aside the injunction, holding that the plaintiff failed to establish a strong prima facie case of a concluded contract on undisputed facts. The negotiations remained at an embryonic stage; the plaintiff's seven-month delay in filing the suit after the alleged contract date, coupled with substantial third-party investments by another buyer (Rs.45.84 crores), rendered the balance of convenience against granting equitable relief. The fair conduct of the plaintiff seeking injunction was also compromised by the inaction and delay.

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