under Sub-Clause (b) of Clause 17 there is a clear consensus ad idem
between the parties to refer disputes under the said Software ... determined"
appearing in the clause did not show consensus ad idem. Thus the Hon'ble Supreme
Court in para 9 held that
mutually agreed terms and conditions as
there was no consensus ad idem between the plaintiff and the
defendants. Ultimately the lease in respect ... admission of P.W.1 clearly shows that
there was no consensus ad-idem o between plaintiff company
and the defendant . Despite of letter
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
terms
of the contract are certain and parties must have been consensus
ad idem, the specific performance cannot be ordered. The
burden that the stipulations ... been consensus ad idem. The
burden of showing the stipulations and terms of
the contract and that the minds were ad idem is,
of course
arbitration, to arbitrate on the aforesaid dispute, there has been no
consensus ad idem, on the issue, and no arbitrator has been appointed.
As such ... submitting, Mr. Jeevan Ballav Panda admits, fairly, that there
was no consensus ad idem, between the petitioner and its landlord,
regarding the date of termination
paragraph 9 that the main attribute of any arbitration agreement is
consensus ad idem, a meeting of minds, to refer disputes to
arbitration. If this ... that the Supreme Court held, on
facts, that there was no consensus ad idem to refer parties to
arbitration. That does not mean, however, that
behaviour very obvious.
Defendant No.4 denied that there was no consensus ad idem
between the defendant No.1 and P. Satish Pai. Defendant ... party.
defendant No.4 denied that there is no consensus ad idem
between P. Satish Pai and 1 st defendant in respect of
agreement
M/S Haliburton Offshore Services Inc. vs Vedanta Limited & Anr. on 29 May, 2020
Kamath submits that the
contention, of the petitioner, that there was consensus, ad idem,
between the petitioner and the respondent, regarding the Schedules
