enter into this
MoU and to perform its obligations under this MoU;
(ii) the execution and delivery of this MoU and the
performance ... Venugopal submits that contracts which are terminable
at the will of the terminating party, or terminable with a very short
notice period, are determinable
right to terminate a contract in a given eventuality, is
choosing neither to terminate nor perform and keeping the MOU that
has become incapable ... held that the MOU was subject to condition subsequent, i.e.
in the Event of Injunction before 30.06.2007 the MoU would
terminate."
[Emphasis Supplied
MOU committed by
her and also informed the Petitioner that in case she fails to do so, the MOU
would stand terminated. The Petitioner responded ... give any such notice, the MOU remained in operation.
(ii) The MOU however automatically stood terminated with effect from
24.08.2020, in terms of Clause
received by the Petitioner on 17.6.2013) the respondent society proposed to
terminate the MOU dated 27.7.2012 illegally.
11. By a letter dated 18.6.2013 the Petitioner ... Senior counsel submits that it was predetermined by the society to
terminate the MOU for frivolous reasons as is apparent from the correspondence
into
MOU. The initial
/23/
Com.A.S.88/2019
payment made by the claimant stood forfeited and the MOU
stood terminated automatically and as such ... Article 7.2 of the MOU. The initial payment made by the
applicant stood forfeited and the MOU stood terminated
automatically at least on 18.06.2000. Though
presented by
the plaintiff to the Bank, the defendant withdrew/terminated the MoU via
Termination E-mail dated 18.03.2020 by citing COVID-19 Pandemic ... term in the MoU dated 14.02.2020 for
termination, the MoU dated 14.02.2020 cannot be deemed to be terminable
and is, therefore, specifically enforceable. The reliance
comply with the terms of the MOU but the
GCB did not comply and ultimately the MOU was terminated as per clause ... with the terms of the MOU but the said GCB did not comply and
ultimately the MOU was terminated as per clause
Clause 2.1 of the MOU stipulated that the MOU shall come into force
on the date of execution of the MOU and shall be valid ... execution of the MOU.
Clause 5.2 of the MOU stipulated that either party shall have the right to
terminate the MOU upon the happening
reimbursed to ONGC as per clause 13.1
of the MOU and MOU dated 07.10.1999 deemed
terminated."
13 The learned senior counsel appearing ... MOU and it further records deemed termination of the
said MOU. The 'deemed termination' refers to the termination
of the MOU
petitioner, the petitioner
was left with no choice but to terminate the MOU vide notice dated
24.08.2017. Therefore, the respondent's notice to terminate ... MOU. The petitioner‟s contention that the IPR could not be used without
its consent had no merit as the MOU, admittedly, now stands terminated
