contract, contemplating the execution of a further contract between the parties, it is a question of construction, whether the execution of the further contract ... whatsoever under the alleged MOU.
34. He also pointed out from the MOU that it is not a concluded contract, does not confer any right
complainant failed to comply the terms of the contract in
the MOU, the accused would have taken action for the
specific performance of the contract ... crux of
the case. At the very inception of the contract/MOU, the
accused had liability to pay to the complainant and
discharge
contract by a
new contract or where there is alteration or rescission of the
original contract, the arbitration clause found in the original
contract also ... MOU is
a new contract altogether and it substitutes the earlier two
contracts Annexures-A and B. As aforementioned, the MOU
testifies that the earlier
Senior
counsel appearing for the respondent argued that
the MoU dated 20.12.2016 is an independent
contract. It was executed by the petitioner
agreeing ... unpaid sale consideration of
Rs.4,17,38,000/-. The MoU constitutes an
enforceable contract within the meaning of Section
25 (3) of the Contract
been
ready and willing to perform his part of the contract.
When MoU had already been arrived at between the
parties then mere show ... willing to perform his part of the contract as mentioned
in the MoU."
22. Drawing support from the Hon'ble Supreme
Court
material terms and to that extent the said MOU is not a concluded contract between the parties" (sic) ... and "the same cannot ... incorrect.
15. The Trial Court has held that the MOU was not a concluded contract and that the same cannot be specifically enforced. Having held
fault with. Clause (3) of Article 3 of MOU
requires the TMO not to register sales contract in excess of
quantity determined in accordance with ... contract could
approach the Court for enforcement of terms of the
contract or agreement, on certain conditions or
qualifications. The covenants of MOU (Annexure
rescinded
contracts cannot be pressed into service by the appellant.
The parties are governed by the substituted contract i.e.,
MOU dated ... appellant has to perform certain
obligations under the contract, as is clear from the MOU
entered on 28.12.2007, the agreement of 29.9.2006 was
not operational
Lakhs Only) in terms of the said MOU. It is further not in
dispute that the contract amongst the parties could not
be proceeded with ... amount, which it received pursuant to the MOU
does not arise;
(iii) Section 65 of the Contract Act enables a person
not in pari delicto
complainant. That under the MOU, certain duties
and obligations were cast on the accused and pursuant
to the MOU, the complainant was to part with ... business
transaction and evidenced by a written contract styled
as MOU which contract enumerates
