completion of
the work by the petitioner under the sub-contracting MOU dt.
15/2/2018, within the period of time, as stated ... dispute that the petitioner had
completed the work of sub-contracting under the MOU with
Madhucon Projects Ltd. and the only objection that
each each of the
contract stood independent and did not depend on the terms and
conditions of the original contract / MOU.
23. That apart, there
Respondents
restraining the Respondents from dealing with or executing
any agreement/MOU/contract either directly or through any
of their respective agents, representatives, actors, entities
revocation on 24.7.2004 since builders not performed
her part towards contract i.e. MoU/JDA dated
25.2.1995; the said deed of revocation registered ... further the builders admitted that time is
the essence of contract i.e. MoU/JDA.
22. The builders submitted that, because of
non co-operation
that the respondent had defaulted in its obligation
under the MoU and the sub-contracts, and the respondent levelling
parallel allegations against the petitioner ... related to alleged liabilities, by
one towards the other, under the MoU/sub-contracts.
14. The arbitration clauses, in the MoU
MOU was admitted. So also the receipt of earnest
money of Rs.Five lakhs. The defendant, however disputed that
the MOU was the concluded contract ... contract. In terms of Section 10 of the
Indian Contract Act, every agreement is not a contract but every
contract consist of an agreement
also alleged that the
appellant has not submitted documentary evidence like Contract/MoU to
establish that the service provided by the appellant
4108/1999
year as contemplated in the MOU. As per the terms of the MOU, plaintiff
was required to route the marketing of its Produce ... company. The plaintiff has deliberately suppressed certain
provisions of MOU. Clause-6 of the MOU imposes counter prohibition on
the defendant also and provides that
till date.
4. SPMU State Project Management Unit.
5. Copy of MOU/Contract/Agreement between MHA and State, SDA and SI, SDA
and SPMU
same to the plaintiff. As
per the terms of the contract in MOU plaintiff is entitled
to terminate the contract on additional damage ... same to the plaintiff. As per the terms
of the contract in MOU plaintiff is entitled to terminate
the contract on additional damage
