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
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
MoU)
refusing or failing to fulfill its part to the MoU by giving an option to
the petitioner to either terminate the MoU in whole ... relation to the said MoU to arbitration. The correspondence
established that the MoU was extended till it was terminated later on
and since the disputes
second respondent. Thereafter, the second respondent by a communication dated 16.03.2002 terminated the MOU and further claimed that the nominees of TCL on the Board ... MOU has committed breach of the terms of the MOU. Assuming for a moment that the MOU has been validly terminated by MPL, the entire
from the Indore
Municipal Corporation. The parties agreed that if the MOU was
terminated, the developer (Appellant) would not have any right, title or
interest ... said MOU. The MOU
further provided that on termination of the development agreement and
the MOU, the Respondent was entitled to take back possession
cars sold by the respondent. Therefore, the
respondent was constrained to terminate the MOU, after a period of two
years from the commencement.
13. According ... exercise of its discretion under Clause
(2) of the MOU. The extended MOU was terminated only on 25th
September, 2009. Therefore, it is not possible
Application by the High
Court, contended that since indisputably the respondent terminated the MoU,
the conclusion of the High Court that the same ... independent
arbitration agreement and, therefore, even if respondent chose to terminate
the MoU dated 17.8.2007, the Arbitration agreement would continue to remain
and consequently
letter dated 20th July, 2011, the petitioner herein sought to
terminate the said MOU and contended that the MOU was never binding
contract between ... dated 10th December, 2004 is totally substituted, terminated by
mutual consent, superseded, replaced entirely by the MOU signed by
the petitioner and first respondent. Even
petitioner had breached
various terms and conditions of the MOU and the
respondent terminated the same vide letter dated
11.08.2008 and by reminder letter dated ... requirements of the
respondent and if the respondent terminated the MOU,
then the respondent would be liable to damage to the tune
Application by the High Court, contended that
since indisputably the respondent terminated the MoU, the
conclusion of the High Court that the same ... independent arbitration agreement
and, therefore, even if respondent chose to terminate the MoU
dated 17.8.2007, the Arbitration agreement would continue to
remain and consequently
