Authority: Supreme Court of India
Order Date: 16-10-2026
Case Overview
- Parties: Applicant/Appellant M/S Bharat Heavy Electricals Limited (BHEL) vs. deceased respondent B. Saroja Devi.
- Applications: IA No. 280109/2026 (substitution of legal representatives), IA No. 280105/2026 (clarification/direction), IA No. 294190/2026 (condonation of delay).
- Background: BHEL obtained a decree for specific performance from the trial court. The respondent appealed (RFA Nos. 608/2002 and 609/2002) to the High Court, which on 31‑05‑2012 affirmed the decree and enhanced compensation to Rs 2 crore per appeal (total Rs 4 crore). BHEL appealed to the Supreme Court (CAs 10429‑10430/2014); the Court set aside the High Court judgment and remitted the appeals for determination of compensation, creating ambiguity over whether specific performance was also set aside.
- BHEL argues that the Supreme Court’s statement that “no case is made out to direct specific performance of contract but to award compensation” is erroneous and is being misinterpreted by the respondent to seek eviction.
Final Outcome
- The Court ordered notice to be issued to the legal representatives of the deceased respondent as identified in IA No. 280109/2026, returnable in six weeks.
- The Court also ordered notice on the application(s) for condonation of delay and on the miscellaneous applications, both returnable in six weeks.
- No substantive clarification on the merits of the specific performance versus compensation issue was granted; the order is limited to procedural directions.
Topics: Legal Clarification, Specific Performance, Compensation