MOU. The initial
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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
MOU
will come to an end. On the other hand, under Clause 34,
(iv) of the MOU, it was provided that the MOU shall
terminate ... claimant to
terminate the MOU. However, under Clause 11, it is
stated as follows:
"The MOU may be terminated by either party
only
stipulation in the MOU. In the light of termination, the MOU signed
between the parties on 7.9.1996 stands completely terminated. The
defendant has not provided ... violations of the terms of the
said MOU after the MOU has been terminated. The plaintiff categorically
denied that it is liable to pay counter
were several modifications
suggested to the MOU and by incorporating suitable changes
made to the draft MOU, final MOU dated 18/3/2015 came ... violation of the MOU, but service tax is also not paid by
the claimant and therefore, MOU is terminated.
Thereafter, MSFD filed arbitration application under
termination of second MOU. It is submitted that as per
clause-14 of second MOU either party could terminate
the MOU by giving prior notice ... abide by the terms of second
MOU even though the second MOU had already been
terminated. The defendant No.1 also proposed to
nominate
subject matter of MOU. As per the
condition No.12 of the MOU it was agreed by the parties to
MOU that, if there ... MOU is contemplated in MOU. It is not
agreed between the parties to the MOU, that the MOU can
be canceled or terminated lawfully
incurred huge expenses, the
complainant issued termination notice on 11.09.2014
terminating the MOU dt.16.06.2014. The complainant
presented remaining two cheques ... deposited during the
subsistence of MOU. It is pertinent to note that once MOU is
terminated , there exists no liability on the part
MOU were
not fulfilled to the full and final satisfaction of the plaintiff on or
before 15.12.2007, then the MOU shall be terminated ... termination of the MOU dated
5.11.2007. As noted above, plaintiff terminated MOU dated 5.11.2007 at
Ex.P.3 by way of issuing lawyer
MOU in the claim petition. The
Defendant did admit the fact in evidence that MOU was
4 AS.NO:39/2013
not terminated before ... cause of
action, reason being the said notice does not terminate
the MOU dated 01.04.2006 at all. The MOU dated
01.04.2006 does stipulate 15 days
failed to
comply with the terms and conditions of MOU and as such,
MOU was terminated.
2.2. By way of negotiation and settlement, both
executed ... failed to comply with the terms and
conditions under the MOU, the same was terminated and
by way of mutual negotiation/settlement, the accused
