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AHMED KULI KHAN KHATTAK versus CREEK MARINA (SINGAPORE) PVT. LTD.


For specific performance of the contract to sell the ACNX, RR1 and 2 Sales of Goods Act (III of 1930), section 2 (3) of the Special Relief Act (I of 1877), section 12 suit interim order , The plaintiff of the share purchase agreement and the two others entered into an agreement with the defendant, the defendants resisting the interim injunction on the plea that the defendant to purchase the entire shareholding of the company pay the terms of the contract. I failed, under the clause of the contract was not paid 5.5 million. The dispute plaintiff claimed that another payment of $ 5 million was made under the second clause of the agreement but the defendant's High Court denied it for the purposes of applying for an interim injunction, proceeding on that basis. That the claimant was temporarily paid. In the case and in relation to the transaction, the preliminary case and the conduct of the defendants were settled and before the High Court left much to be desired, they were in favor of equality of sale against the plaintiff and the defendants. A large part of the consideration was unpaid and for this reason, the defendants' interest must also be protected, the High Court directed the plaintiff to pay US $ 5 million or US $ 5 million or equivalent to the bank. In the interim order, the bank will offer a guarantee. Permission was granted accordingly \ r \ n

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