A CASE ON LAW

OF AGENC¥

PARTIES INVOLVED IN CASE

Defendant: Kumar Sourav

Plaintiffs: Sai PVT.(Limited)

Agent: Vaibhav Kumar

Judge: Mahesh Sherkhane

SAI PVT. LTD V/S  KUMAR SOURAV

An offer of purchase was made by the Defendant, Kumar Saurav, to Vaibhav Kumar, who was acting as an agent of the Plaintiffs, Sai Pvt. (Limited),but was not authorized to make any contract for sale on 8th of December, 2012.

The offer was accepted by Vaibhav Kumar on 9th of December on behalf of the Sai Pvt. Limited with a direction that the company’s solicitor had been instructed to prepare the necessary documents.

On the 13th of January,2013, Kumar Saurav withdrew his offer on the ground that he had been misled by the statements that had been made to him as to the value of the property.

After the withdrawal, the Plaintiffs, on 28th of January, ratified the acceptance of the offer by Vaibhav Kumar.

ISSUES IN CASE

Whether there ever was a completed contract between

the parties?

Whether the contract was obtained by

misrepresentation on the part of those seeking to

enforce it?

Whether the ratification was ultra vires ?

Judgment… The two letters of the 8th and 13th of December

contained a distinct offer by the Defendant and acceptance by Mr. Vaibhav Kumar on behalf of the Plaintiffs and there was nothing in the previous or subsequent negotiations to the contrary.

On the evidence, that there had been no misrepresentation on the part of the Plaintiffs.

As per doctrine of ratification , the ratification would have retrospective effect and hence  it would not be ultra vires.