clear intent to
commit breach of their obligations of MOU, which is a binding
contract between the parties, and on which the petitioner has already ... MOU is in the nature of a private
commercial transaction, as the said MOU pertains to a construction
and re-development contract between two private
appellant is insufficient and appellant failed to submit
any contract MOU wi th Time Star Ltd. During the appellate
proceedings appellant has stated that
Arbitral
Tribunal, the interpretation of the terms of the Contract/ MOU also the
determination of its scope would also be within the domain ... Arbitral Tribunal. The
interpretation of the terms of the Contract/ MOU and also the determination
of its scope would also be within the domain
Arbitral
Tribunal, the interpretation of the terms of the Contract/ MOU and also the
determination of its scope would be within the domain ... Arbitral Tribunal. The
interpretation of the terms of the Contract/ MOU and also the determination
of its scope would also be within the domain
Indian Contract Act, 1872 and comes to the following finding:
"......... considering both the contract and MOU, there is hardly any scope to
hold that ... extinguished the previous contract."
and
"As such it cannot be held that the earlier contract stood extinguished by
subsequent MOU
shall contain the copy of the original MoU between the
consortium /joint venture members and the said MoU shall be converted as a definitive
agreement ... contract
in case of an award of the contract by the purchaser and furnish performance towards
equipment/system as per the condition of the contract
refusal of the
plaintiff to perform his part of the contract, MOU came to be
executed on the basis of assurances of the plaintiff that ... breach of contract or is it
in the nature of penalty. In absolute numbers, under the terms of
MOU, the defendant
fairly submitted that the same being
independent of the contract/MoU and non-arbitral, therefore, the
State would have no objection if the petitioners
under the Indian Contract Act , the doctrine of privity of
contract and not privity of consideration is recognized. Admittedly the
contract/ MoU between the parties
Memorandum of Understanding [MOU] dated 24.03.2021'
[hereinafter 'primary contract and / or MOU' for the sake of convenience and
clarity] between the petitioner ... respondent.
4. Clause 11 of primary contract and / or MOU reads as follows:
'11. Both the parties agree with any disputes arising out this
