will be recalled that the undersigned submitted that there was no novatio but it was a bipartite agreement between the appellant and Exim Bank
observing that Section 62 would not
be applicable as there was no novatio of the contract. Further, it
is neither Citi Bank ... which
CMF was to accept the liability. Such a case of novatio does not
arise for consideration. ..."
72. In DDA v. Joint Action Committee
remembered, Shri Shah submitted, that the supplemental agreement was not a novatio but designed to rectify the original agreement. No new rights or obligations were
November, 2000 in
favour of the complainant and her daughter there was novatio of the original
contract and the complainant is not entitled to insist
Indian Cable Net Company Ltd vs Star India Pvt Ltd on 3 March, 2023
Author
Mitra Jaya, Indonesia. To replace the Company in place of
NHAI, a Novatio Agreement dated 7th August, 2002 was entered into among the
assessee company ... response to this notice
the assessee contended as under:
(i) A Novatio Agreement dated 07-08-2002 was entered into by the
assessee company, NHAI
parties mutually altering the
price stipulated in the original contract by novatio there is also a statutory provision
contained in Section
Bank N.A. v. Standard Chartered Bank , it was held as follows:
Novatio, rescission or alteration of a contract under Section 62 of the Indian ... observing that Section 62 would not be applicable as there was no novatio of the contract.
29. Under the PPA the board is obliged
Respondents No.1 and 2 also contended that revival means 'Novatio' of the contract and the underwriter has to assess the risk