Know-how License
Agreement, the International Distributor Agreement, Exports Sales
Agreement, Trademark Registered User License Agreement and Managing
Director’s Agreement, all dated 16th November ... agreements signed
between different parties, four agreements, i.e., Managing
Director Agreement, International Distributor Agreement,
Trademark Registered User Agreement and the Supplementary
Collaboration Agreement, have
respondents to
comply with the legal formalities to facilitate the collaboration agreement.
Alleging that respondents failed to comply, the appellant filed a suit ... prayer:
4
"......to pass a decree of specific performance of Collaboration
Agreement entered in between the parties
been amended to incorporate as below :-
AGREEMENT
"In view of Clause 19 of the agreement of collaboration between M/s. Rob Mathys, Bettlach ... assignment of this agreement. In such an agreement there is an arbitration Clause to settle disputes arising out of the agreement, by arbitration in accordance
collaborators directly to the NTPC. The technology in question was imported by the petitioner from the collaborator as per
terms of the collaboration agreement ... collaborators directly to the NTPC. The technology was imported by the petitioner from the collaborators as per terms of the collaboration agreement
between the
appellant and respondent no. 2, were incorporated in the
Collaboration Agreement dated 23rd May, 2006, which was
executed by respondent ... appellant.
5. In the written statement, respondent no. 1 alleged that
Collaboration Agreement dated 23rd May, 2006 was executed
between respondent no. 1 and respondent
Exchange Management (Current Account Transactions) Rules,
2000, any remittance under technical collaboration agreement to
the extent of 5% on local sales and 8% on exports ... assessee is at arm's length. The Technical Collaboration
Agreement stands approved by the Government of India. The
royalty payment has been accepted
Collaboration Agreement, Licence Deed and Supplemental
CS(OS) 651/2013 Page 9 of 257
Agreement, the following position emerges:-
i) That although the Collaboration Agreement ... collaboration of
CS(OS) 651/2013 Page 31 of 257
the plaintiff and the defendant. It is stated, neither the Collaboration
Agreement nor the intent
duplication
and hardship to the foreign collaborators, and once the
collaboration is approved by SIA, and the agreement is
`taken on record' there ... applicant. Although
the rendering of technical advisory services by
foreign collaborators under foreign collaboration
agreements approved by government attracts Section
28(1)(b) of Foreign
plaintiffs had not
disclosed to the Court about execution of a Collaboration Agreement dated
18.05.2004 between Rajiv and the plaintiff. The plaintiffs' statement ... plaintiffs had stated
that the signatures on the Collaboration Agreement dated 18.05.2004
appeared to be his, but he was unaware how the defendant obtained
transaction
between himself and the plaintiff was described as a collaboration
agreement. He reiterated that the Ex.P-1 was superseded on the execution ... sale deed dated
22.02.2005, the agreement to sell had become inoperative and
unenforceable. Further this agreement being a collaboration
agreement, in view of Section
