binding upon the
parties, and (c) parties being "consensus ad-idem"; the applicant
invoked the unnumbered clause after Clause 31 seeking appointment ... hearing and not ministerial work; and there should be consensus ad-
idem regarding referring the disputes to arbitration.
6
9. It is useful
found that although the parties could be
regarded as being ad idem insofar as the terms of the
distribution agreement were concerned, they were
certainly ... ad idem with regard to the commercial
terms. We also entirely agree with the observation of
the learned Single Judge that the commercial model
terms of
the offer. If the two minds were not ad idem in respect
of the property to be sold, there cannot be said ... contract for specific performance. If the parties
themselves were not ad idem as to the subject mater
of the contract the court cannot order specific
contended by the
defendants?OPD
5. Whether the parties were ad idem in respect of terms and
conditions of agreement to sell ... imperative to decide 'whether
or not the parties were ad idem on the terms and conditions
culminating into valid contract between the parties
words, “on what terms did the parties
arrive at a consensus ad idem”?
11. In undertaking this exercise, certain principles have been
deduced ... correspondence, for finding out the matters on
which the parties were ad idem. As a matter of
fact, the minority Arbitrator relied upon the Sixth
there was
a clear meeting of minds and the parties were ad idem that their commercial
relationship from 11.07.2011 till 01.05.2017 would be governed ... prima facie shown that the parties are at ad idem,
then the mere fact of one party not signing the agreement
cannot absolve him from
parties be considered in order to
conclude whether the parties were ad idem as far as
adopting arbitration as a method of dispute resolution ... find out from
the correspondence as to whether the parties were ad idem
to the terms of contract.
xxxxxx
O.M.P. (I) (COMM
relying on such oral agreement to prove that
there was consensus ad idem the parties for a concluded oral
agreement for sale of immovable property ... minds were ad item is, of course, on Bhutoria. If the stipulations
and terms are uncertain, and the parties are not ad idem, there
between the parties in respect of which parties should be consensus ad idem and
the burden of proof is on the plaintiff seeking performance ... requirement of a valid contract is that there should be consensus ad
idem. It must be consensual. The agreement dated 19th March, 1977 was
followed
have been really entered into
between the parties thereto with consensus ad idem to sell the suit
property as put forth by the plaintiff ... trial Court
has held that there has been no consensus ad idem between the
parties for entering into the sale agreement
