performance of the contract to the above effect
be passed.
D. Be pleased to pass a decree for specific performance
of contract be passed against ... filed for
the specific performance the said agreement contract
(MOU) the petitioners and the syndicate had made
material and substantial part performance
agreement between the partners
could not override the said MOU on which basis the contract had
been awarded.
9. Whether on the facts and circumstances ... Member in accordance
with the terms and conditions of this MOU and the Contract.
3.2. Each Member shall be responsible for obtaining and
maintaining
ensure the performance of the terms and conditions of
the MOU. The first party Sahara India may under discretion withhold
maximum ... fulfil its obligations as stipulated in the terms
of the contract/MOU, the same can be terminated by Sahara India and
the withheld amount
part of the contract? And if the contract
Pg 16 of 47
was contained only in the MoU and the Addendum, what is
the correct ... contract required time bound performance and thus time was the
essence of the contract which was evidenced from various clauses of
the MoU as also
immovable property contains several
obligations on parties as enshrined in contracts (MOU and Allotment letter
therein). These contracts are specifically enforceable under section ... instant case MOU so entered was duly registered. Even Bombay High Court has
also upheld the binding nature of said MOU and allotment letter after
that impugned award is
in violation of the contract between the parties and that
the MOU as based upon the reciprocal obligations and the
second ... creature of contract, has to act within four corners of
contract and was to only see whether provisions of
contract have been fulfilled by respondents
liability of the Respondent to pay the assured return was
under the MoU. Further, in its letter dated 03.08.2015, the
Respondent has very clearly stated ... adjusting the payment due to us / you in terms of our MoU/
contract/ allotment letter with you:-".
From the above, I have no hesitation
also
been mentioned that the contention of the contractor that MOU/contract
agreement stating escalation will be paid for justified extended period
shall have ... corrigendum to the contractual agreement/MOU and as such post
extension on specific terms of the original contract agreement would
stand merged with the letter
alleged pre-bid MoU dated 21.04.2012 was superseded by MoU
dated 14.08.2012. It is submitted that thereafter, the alleged
pre-bid MoU having been substituted ... MoU dated 21.04.2012, the parties
entered into a sub-contract agreement / MoU dated
14.08.2012 for the subject Project. Even according to the
petitioner
termination of their contract and advised to work on the SEY (Self
Employed Youth) Mode, on the ground that the MoU with the State Govt ... still in
existence. The respondent-BAIF after expiry of the contract/ MoU cannot take a
unilateral decision on in its own for running the Centres
