prima facie be shown that parties
are ad idem, even though the other party may not have
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signed a formal contract ... parties. If the documents on record show that the parties
were ad idem, and had actually reached an agreement upon
all material terms, then
document, telex, telecommunications or email, should reflect
that the parties were ad idem on the issue of referring differences or
disputes arising in discharge ... that at the stage of entering the
contract, parties were not ad idem that inter se dispute shall be
resolved through arbitration, therefore the said
must be held that the parties were not "consensus ad idem".
9. In my judgment it is not necessary for the purpose ... whether such divergence indicated that the parties were not "consensus ad idem" as to the material terms of the contract
where it is said that the parties were never 'ad idem', or where it is said that the contract is voidable ... example, the ground that the parties were not 'ad idem', they were in that case also not 'ad idem' with regard
Smt. Kanti Devi Bhutoria & Ors vs Smt. Srila Dutta & Anr on 16 October
from a reading of the said
clause that the parties were ad idem to amicably settle their disputes
or settle the disputes through an arbitrator ... evident that the parties
had an agreement in writing and were ad idem in their intention to
refer these matters to an arbitrator in accordance
accepted by the parties and the parties were ad idem on the issue of
reference of disputes arising out of the said purchase order ... contained in the said purchase order. The law provides that consensus
ad idem could also be inferred from the conduct of the parties. An
agreement
unilaterally and the
parties were not ad idem.
Mr. Chatterjee invited my attention to E-mail communications between the
plaintiff and the defendant vide Exbt ... correspondence it can unequivocally and clearly emerge that the parties were
ad idem from that material to infer whether the intention as expressed
make a reference, a
submission to arbitration and should be ad idem in
this respect."
c. Lastly, the counsel places reliance on the decision ... arbitration agreement
under Arbitration and Conciliation Act, 1996 is 'Consensus ad-idem
12
of parties to submit their existing or a future dispute
accepted notions of contract would bind parties, and unless
absence of ad idem can be shown courts should avoid
exercising jurisdiction".
While arriving ... that the agreement between the parties was vitiated for
absence of ad idem; on the other hand, the plaintiff itself is pressing for
enforcement
