When decree for specific performance of contract is not executable?

 The Trial Court rightly held that the decree-holder did not
make the deposit within the time stipulated by the Court nor
the deposit of the balance consideration was made through
the mode as stipulated by the Court, and that being the case,
the suit will have to be deemed as dismissed. The Trial Court
further held that the decree-holder is not entitled to seek
execution of decree, which does not exist in the eye of law and
consequently the Trial Court dismissed the execution petition.
Further, we have already discussed the order of the Trial Court
in the application for extension of time and we do not take the
contention of the Plaintiff-Buyer that the application was
dismissed solely on the technical ground and that the
application was filed after a delay of 3 weeks. The Trial Court
has discussed full merits of the application and given a finding
that there is no evidence to show that the plaintiff had made
any effort to deposit the amount on the 28.05.2007. The
application was dismissed on its merits and not merely on the
technical grounds. Further, we accept the submission of the
learned counsel for the Defendant-Seller that the PlaintiffBuyer
had even failed to make the deposit through the mode
of payment as required by the decree.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3213 OF 2015
(Arising out of SLP(C) No.5840 of 2012)
P.R. Yelumalai … Appellant
:Versus:
N.M. Ravi … Respondent
Dated;March 27, 2015. 
Citation; (2015)9SCC52,2015(3)BomCR319, 2016(2) MHLJ483

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Whether conditional decree for specific performance of contract can be passed?

In Nirmala Anand v Advent Corporation
(P) Ltd,1 the Supreme Court held that a decree for specific performance can
always be made conditional. Usually, such a decree requires some specified
conditions to be fulfilled before the decree for specific performance is made
effective. There is, to my mind, no reason why, if the defendants are enjoined
to specifically perform an agreement and fail to do so, the plaintiffs should not
then be entitled to a decree in compensation or damages.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.2170 OF 2010

Jayesh Gopaldas Sampat Vs  Paresh Satyendra Vohra and others 

CORAM : G.S.Patel, J.
DATED : Monday, 27th January 2014
Citation; 2014(6) MHLJ 259 Bom

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