In Brief
Two sister concerns (Ambalal Sarabhai Enterprise and Haryana Containers) sold land to KS Infraspace through a third party. KS Infraspace sued for declaration and specific performance, claiming a concluded contract existed based on email exchanges and a draft MoU dated 30.03.2018. The trial court and High Court granted interim injunction. The Supreme Court reversed the orders, holding that the plaintiff failed to establish: (1) a concluded contract, as parties remained ad-idem on key terms like income tax payment; (2) mutuality required for specific performance; and (3) entitlement to equitable relief given the plaintiff's seven-month delay in suing, which allowed third parties to acquire substantial rights and the defendants to materially alter their position. The appeals were allowed and injunction orders set aside.
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