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1 - 4 of 4 (0.19 seconds)Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Dresser Rand S.A vs Bindal Agro Chem Ltd And K. G. Khosla ... on 12 January, 2006
11. Mr. Ashwani
to K. Sharma,
Advocate, representing the defendant/appellant would
r learned Senior
contend that in absence of any concluded contract between
the parties to pay the rent, fixation of liability against the
defendant/appellant was perverse and against the law. He
would submit that the terms of LOI could not be
considered to be binding on the defendant. The defendant
was justified in not executing the lease deed in favour of
the plaintiff for the reasons that the land did not comply
with the requirements of defendant company. He placed
reliance on the judgments passed by the Hon'ble Supreme
Court in Dresser Rand S.A. vs. Bindal Agro Chem Ltd &
another, 2006 (1) SCC 751 and South Eastern
Coalfields Ltd vs. S. Kumar's Associates AKM (JV) to
::: Downloaded on - 08/09/2025 21:30:55 :::CIS
-7-
assert that the terms of LOI could not be construed as
concluded contract between the parties.
South Eastern Coalfields Limited vs Ashok Kumar Thakur 8 Wpl/223/2017 ... on 6 March, 2020
11. Mr. Ashwani
to K. Sharma,
Advocate, representing the defendant/appellant would
r learned Senior
contend that in absence of any concluded contract between
the parties to pay the rent, fixation of liability against the
defendant/appellant was perverse and against the law. He
would submit that the terms of LOI could not be
considered to be binding on the defendant. The defendant
was justified in not executing the lease deed in favour of
the plaintiff for the reasons that the land did not comply
with the requirements of defendant company. He placed
reliance on the judgments passed by the Hon'ble Supreme
Court in Dresser Rand S.A. vs. Bindal Agro Chem Ltd &
another, 2006 (1) SCC 751 and South Eastern
Coalfields Ltd vs. S. Kumar's Associates AKM (JV) to
::: Downloaded on - 08/09/2025 21:30:55 :::CIS
-7-
assert that the terms of LOI could not be construed as
concluded contract between the parties.
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