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The Companies Act, 1956
Century Spinning & Manufacturing ... vs The Ulhasnagar- Municipal Council And ... on 27 February, 1970
22. The learned counsel for the Appellant has also cited Century Spinning
and Manufacturing Company Ltd. and Another vs. The Ulhasnagar
Municipal Council and Another reported in 1970(1) SCC 582 relating to the
exercise of High Court's jurisdiction under Article 226 of the Constitution of
India and the representation relating to the liability to carry out obligation is
not applicable to the facts of the instant case.
Maharshi Dayanand University & Anr vs Anand Coop. L/C Society Ltd. & Anr on 25 April, 2007
Further, Maharshi Dayanand
University and Another vs. Anand Coop. L/C Society Ltd. and Another
reported in (2007) 5 SCC 295 relating to Arbitration and Conciliation Act,
1996 and the formation of contract by deed cited by the Appellant is not
applicable to the facts before us because in the instant case, the PSA has
never been approved by the State Commission as required under the
Electricity Act, 2003 and the State Regulations etc. and, consequently, there
could be no execution of PSA/Agreement and the same could not be signed
by the parties. The legally concluded contract never came into the existence.