Ruled in favour of Avossa Infraproject LLP (Petitioner)
In Short
A major land purchase deal worth 41 crore rupees ran into trouble when the seller tried to cancel the agreement after taking a massive advance payment of over 15 crore rupees. The buyer approached the court seeking protection of the property, and the court found that the seller could not simply walk away from the contract without resolving outstanding conditions.
The Parties
Party A: Avossa Infraproject LLP
Party B: Terre Holdings Limited
Advocates & Judges
For Party A: Learned Advocate Mr. Vishal Kanade, Learned Advocate Mr. Pratish Khata, Learned Advocate Ms. Riya Narain, Learned Advocate Mr. Kushal Shah, and Learned Advocate Mr. Harshal Randive, instructed by Learned Advocate Ms. Kshitija Wadatkar
For Party B: None appeared
Judge(s): Hon'ble Justice Amit Borkar
What the Case Was About
Avossa Infraproject LLP entered into an agreement to buy nearly 79 acres of agricultural land in Sindhudurg from Terre Holdings Limited for a staggering 41 crore rupees. The buyer paid a hefty advance of over 15 crore rupees and even received joint possession of the land. However, the seller failed to clear bank mortgages, resolve title disputes, and handle other required conditions, and then suddenly issued a notice trying to terminate the entire agreement. Because the seller refused to cooperate or show up in court, the buyer asked the high court to step in and protect their rights while the dispute heads to arbitration.
Judgment Date
22 October 2026
The Outcome
The court reviewed the initial agreement and found that the buyer had a strong prima facie case to protect the property while arbitration proceedings are sorted out.
What the Court Looked At
- The buyer paid a substantial advance of 15.5 crore rupees toward the total 41 crore rupee land purchase price.
- The seller gave joint physical and peaceful possession of the massive agricultural property to the buyer upon signing the agreement.
- The contract clearly stated that the remaining balance payment was only due after the seller cleared mortgages, settled past litigation, and fixed title issues.
- The seller tried to terminate the deal by claiming that fulfilling certain conditions was outside its control.
- Other local parties had raised objections claiming ancestral rights over parts of the land, which made preserving the property status essential.
- The underlying agreement contained a valid arbitration clause stating that any disputes must be resolved through arbitration in Mumbai.
What This Means For You
When you invest a massive amount of money into buying property, handing over crores in advance before the seller clears their legal dues can put you in a very vulnerable position. In this case, the buyer protected themselves by having a detailed written agreement that tied the final payments directly to the seller clearing bank mortgages and title problems, and by getting joint possession right away. If you are entering into a large real estate transaction, never rely on casual promises; every single condition regarding bank loans, title clearance, and third-party claims must be clearly spelled out in writing so you have legal backing when things go wrong. Setback Solutions can help you understand your options and coordinate the next steps when you are stuck in a complex property dispute.
You Still Have Options
Dealing with a sudden contract termination or a seller trying to back out of a multi-crore land deal can feel overwhelming and stressful. Whether you are facing a broken property agreement or lost money in a real estate dispute, it is definitely not the end of the road. You can still explore options like getting a second opinion, changing your legal representation, or seeking non-judicial guidance to understand the best path forward. Reach out to Setback Solutions for help understanding your options and coordinating the next step. Please note that Setback Solutions is not a law firm and does not provide legal advice or guarantee outcomes.