settled law that a concluded
contract requires certainty of terms and consensus ad idem, the burden
of establishing which lies squarely on the petitioners. Even ... amount, repayment schedule, interest and securities left
blank, thereby negating any consensus ad idem.
Digitally Signed
By:MAYANK
Signing Date
M/S. Velocity Optics Pvt.Ltdthrough ... vs Win Pharma Com And Ors on 7 May
from the parties' view. It
depends on whether there was consensus ad idem among the parties in
respect of the property they deal ... such document,
after due registration, pleads that there was no consensus ad idem in
respect of identification of the properties mentioned in the deed
period, and handover of
warehouse space, which clearly demonstrates absence of
consensus ad idem and that the parties were still at the stage
of negotiations ... continued to remain in the negotiating
sphere. Therefore, the absence of consensus ad idem on essential
terms is apparent on the record
learned trial Judge upon erroneous view that there is no consensus-ad-idem
between the parties regarding the property to be restored dismissed the
petition ... Judge rightly dismissed the petition observing that since there is no
consensus-ad-idem between the parties, restoration cannot be ordered. He
would further contend
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
Court whether the party extending the letter of intent is in
consensus ad idem with the other party and intends to create a
conclusive
crores.
Accordingly, the appellant was required to pay the ad valorem
court fees, which was not paid. The High Court thus held that
the suit ... sale deeds.
14. It was urged that such conduct clearly demonstrated
consensus ad idem and binding obligations. It is argued that
the High Court wrongly
such agreement.
c) Absence of Mutuality: The requirement of consensus ad idem for
creation of an arbitration agreement as contemplated under Section
Sunita Sinha vs M/S Leela Builders Pvt Ltd & Ors on 17 April, 2026
