Kumar (hereinafter, „Defendant‟)
are the sons of Smt. Laxmi Devi. A mutual agreement was duly signed by
her by which she fixed the share amongst ... mutual rights have to be decided, absolute title does
not have to be proved.
19. The Defendant having admitted the mutual agreement which
sets of related agreements were executed.
The second set of related agreement was conditional to the first one, which
was a mutual affidavit cum agreement ... sale deed only if the terms and conditions of first
mutual affidavit-cum-mutual agreements were fulfilled. Therefore, they
were not unconditionally ready to perform
defendants after
deducting the amount already spent by the plaintiff.
Accordingly, mutual agreement entered into between
the plaintiffs and defendants ... requested them to execute sale deed as
per mutual agreement of sale entered between the
plaintiff and defendants, but they virtually refused to
execute
lacs in favour of the plaintiff. Thereafter, a mutual agreement
dated 07.12.2004, for extension of time was executed between the plaintiff and
defendants ... plaintiff to defendants no. 1 & 2 jointly. As per
the mutual agreement dated 07.12.2004, the sale transaction had to be completed
till
with a benefit and services provided to the AE under a
mutual agreement which was, although, not in writing, but such
arrangements could be proved ... instance/ behest of overseas AEs, nor was
there any mutual agreement or understanding or arrangement as to
allocation or contribution by the AE towards reimbursement
Concessionaire‟s agreement
was terminated according to Clause 9.1.2. of the Agreement and, therefore,
in terms of clause 2.1.19 of the said agreement the Petitioner ... conditions of this clause would be deemed to be termination by mutual
agreement, and hence could not be termed as "termination" as stipulated
earlier in accordance with its terms, but may be extended
upon mutual agreement between the Parties for a further
Period not exceeding five (5) years ... thus, take the line that the expression
"mutual agreement" obtaining in Article 2.1 of the PSC would mean that
extension can only
agreement for purchase of shares of NDPL, since the Claimant had purchased 23.7134 acres through their subsidiary Company, NDPL and a similar share purchase agreement ... agreement could not be enforced, particularly, the Claimant could not purchase further land, the Additional Memorandum of Understanding lapsed and the parties mutually agreed
said
agreement.
3. The complainant further submits that
although the lease was to expiry on 30.11.2014 in
terms of the agreement, it was mutually agreed ... said
agreement.
17. The complainant further submits that
although the lease was to expiry on 30.11.2014 in
terms of the agreement, it was mutually agreed
agreement for purchase of shares of NDPL, since the Claimant had purchased 23.7134 acres through their subsidiary Company, NDPL and a similar share purchase agreement ... agreement could not be enforced, particularly, the Claimant could not purchase further land, the Additional Memorandum of Understanding lapsed and the parties mutually agreed
