#Consequential Relief

CESTAT Kolkata ruled that when statutory documents are unavailable due to passage of time, actual production records submitted by the assessee hold legal precedence. The Tribunal set aside an excise duty demand of ₹73.1 lakh, reinforcing that tax authorities cannot rely on procedural lapses caused by delay to deny consequential relief to manufacturers.

The Andhra Pradesh High Court has ruled that an agreement of sale executed solely as security for a loan creates a creditor-debtor relationship, not a binding contract for transfer of property. Specific performance is unavailable; the rightful remedy is a money decree with pre-decree interest at 12% and post-decree interest at 6%, clarifying a critical boundary in property finance transactions affecting lenders and borrowers alike.

Bombay High Court permits amendment of plaint at pre-hearing stage to include consequential relief where defendant failed to act after termination of agreement.