date, however thereafter same was
not further materialized as it needed the novatio of contract as
terms and conditions of the contract were required ... strong
prima facie case of the applicant in respect of novatio of
the contract. Merely because, the parties have
negotiated or that the correspondences
Standard
Chartered Bank and Ors. (2004) 1 SCC 12:
"47. Novatio, rescission or alteration of a contract
under Section 62 of the Indian Contract ... observing that Section 62 would not be
applicable as there was no novatio of the contract.
Further, it is neither Citi Bank
avail and the court
cannot give effect to it except if the novatio suggested by the
appellant is unreservedly accepted and agreed
interest in
the suit property. He submitted that there was novatio of the MoU
dated 28th June, 2004 by way of an addendum dated 10th
Judicial Dictionary (11th Edition at page 802) the terms 'Novatio' and 'Novation' are defined thus: "NOVATIO.The substitution
Judicial Dictionary (11th Edition at page 802) the terms 'Novatio' and 'Novation' are defined thus: "NOVATIO.The substitution
Respondents No.1 and 2 also contended that revival means 'Novatio' of the contract and the underwriter has to assess the risk
