Specific Relief Act, 1963 (47 of 1963), Section 21 (5) – Whether compensation can be granted in lieu of specific performance when it is not claimed in the plaint nor any amendment made claiming the same in appeal – Admittedly, such relief was not sought in the plaint nor before the high Court or before the Apex Court – No steps were taken by the Appellant to amend the appeal even – It might be true that the Appellant was interested in the relief of specific performance of the Collaboration Agreement when he filed the Special Leave Petition in 2008 as the collaboration agreement subsisted till 31.12.2009 – However, even thereafter no steps were taken by the Appellant to specifically plead the relief of damages or compensation – Not entitled to compensation.
2022 PLRonline 1803 , 2022 SCeJ 0307 , (2022-1)205 PLR 794 (SC)