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Old World Hospitality Pvt. Ltd. vs India Habitat Centre on 23 August, 1996

(56) This Court had occasion to consider the question whether there was a concluded contract between the parties on the facts of that case in J.K. Industries Limited v. Mohan Investments & Properties Private Limited, . The facts briefly are this. The defendant represented to the plaintiff that it owned certain premises and offered to grant lease of the premises to the plaintiff. The facts would indicate that the plaintiff gave certain amount as advance to the defendant during negotiations. The parties do not appear to have come to any concluded contract either by exchange of letters or by acceptance of money by the defendant: The receipt given by the defendant for the amount received from the plaintiff also indicated that the terms of the lease were yet to be finalised between the parties. Under those circumstances, this Court held that there was no concluded contract.

Tilak Raj vs New Delhi Municipal Council on 30 March, 2010

Further, the defendants have admitted through Ex. PW1/4 that a written contract has to be executed between the plaintiff and defendants. Which proves that there was a condition that the contract has to be reduced in to writing. It is held by Hon'ble High Court of Delhi in case titled "J. K. industries Ltd. Vs Mohan Investments and Properties Pvt. Ltd., AIR 1992 Del 305" that a contract comes into existence only when all the terms and conditions have been finalized. If the facts of a particular case show that execution of a written contract was a condition precedent for coming into force of the contract between the parties, then it can not be said that any concluded contract in absence of a written contract being executed has come into force between the parties.
Delhi District Court Cites 7 - Cited by 0 - Full Document
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