Amaal Ventures Limited & Anor v Eros Limited

Amaal Ventures Limited & Anor v Eros Limited

The Defendant was not ready, able and willing to complete at the time of serving the notices to complete due to significant omissions in the Furniture Package (notably missing curtains, blinds, headboards, and bed bases), which were not minor and materially impacted the beneficial use and enjoyment of the flats. Therefore, the notices to complete were invalid, the contracts were not validly terminated, and the Claimants are entitled to specific performance. The Stage Payments were deposits, not part payments, and the forfeiture provisions were not penalties. Relief against forfeiture would not have been granted if the Defendant had been entitled to terminate.

Parties
Claimant: Amaal Ventures Limited; Claimant: Shievon Ventures Limited; Defendant: Eros Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2026
Procedural Posture
Civil (property/contract) / Judgment After Trial
Outcome
Claim allowed. Claimants entitled to specific performance. Consequential matters adjourned.
Legal Topics
Specific Performance, Forfeiture of Deposit, Penalties in Contracts, Sale of Land, Interpretation of Contracts
Contract Law Property Law Equity Specific Performance Forfeiture of Deposit Penalties in Contracts Sale of Land Interpretation of Contracts

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Parties

Amaal Ventures Limited

Claimant

Shievon Ventures Limited

Claimant

Eros Limited

Defendant

Procedural Posture

Civil (property/contract) / Judgment After Trial

Legal Issues

  1. 1 Whether valid Completion Notices were served under the contracts for sale of flats
  2. 2 Whether the Defendant was ready, able and willing to complete at the time of serving notices to complete
  3. 3 Whether deficiencies in the Furniture Package invalidated the notices to complete

Ratio Decidendi

The Defendant was not ready, able and willing to complete at the time of serving the notices to complete due to significant omissions in the Furniture Package (notably missing curtains, blinds, headboards, and bed bases), which were not minor and materially impacted the beneficial use and enjoyment of the flats. Therefore, the notices to complete were invalid, the contracts were not validly terminated, and the Claimants are entitled to specific performance. The Stage Payments were deposits, not part payments, and the forfeiture provisions were not penalties. Relief against forfeiture would not have been granted if the Defendant had been entitled to terminate.

Court Disposition

Claim allowed. Claimants entitled to specific performance. Consequential matters adjourned.

Orders

  • Declaration that the contracts remain in existence and were not validly terminated by the Defendant.
  • Claimants entitled to specific performance of the contracts, with consequential matters to be resolved by further order.