fendant is void and unenforceable. Since there was no con
sensus ad idem between the parties the whole Agreement to
Sell and Purchase dated ... must have been consensus adidem; if
the stipulation and terms are uncertain and the par
ties are not adidem, there
There is no arbitration clause, as there had been no
consensus ad-idem qua the clause being relied upon by the
Respondent.
(ii) In view ... contend it to be as not binding, in absence
of any consensus ad-idem on the part of the petitioners, and the
respondent side presses
M/S. Velocity Optics Pvt.Ltdthrough ... vs Win Pharma Com And Ors on 7 May
payable by Defendant. It is argued that the parties
were at consensus ad idem at the time of execution of first License
Deed ... time to
time.".
25. The adding of addendum itself shows that parties were not
consensus ad idem at the time of execution of first
Cement Ltd. Needless to say, a contract of lease would require
consensus ad idem between the landlord and the party taking the premises
on lease ... case at hand, there was never any consensus ad idem
between the plaintiff and M/s Shree Cement Ltd. about renewal and/or
extension
amendment, clearly held that the very essence of
arbitral proceedings is consensus ad idem and that,
therefore, there can be no question of an arbitration ... therefore, completely
proscribed.....
24. It is well settled that consent requires consensus
ad idem. There must be positive consent on the part
of the petitioner
their disputes/differences to
arbitration.
28. Intention of the parties and Consensus ad
idem between them are the most important elements
for invoking arbitration clauses ... between the parties, it is necessary to
establish that there was consensus ad idem
between the parties. In the present case, it is not
possible
M/S D.V. Mittal And Company vs (I) M/S Ufi Filter India Pvt
Courts at Jhansi. The further question arises whether
there was consensus ad idem between the parties for the exclusion
of the jurisdiction ... Plaintiff) that the parties had intended or there was consensus ad
idem between the parties to exclude the jurisdiction of all the
Courts except
agreement. For the existence of an agreement there has to be
consensus ad idem between the parties, i.e., they should agree to
the same ... between
the parties, it is necessary to establish that there was consensus
ad idem between the parties. In the present case, it is not
possible
