recorded two different
termination dates. As the Tribunal had based its reasoning on
the validity of the termination notice on two different dates
leading ... view that consequently, the effective
date of termination was 07.01.2013, which is 90 days from
the termination notice. As there is no ambiguity
letter of termination which in fact and in law substituted the
first letter of termination. Consequent to which the first letter of
termination became ... notice his challenge to the impugned orders of the courts below
is based on the following grounds :
(a) A suit challenging a notice of termination
from taking any action on the show cause notice and accordingly, the aforesaid notice of termination having been issued in defiance of the Court ... subsequent to the issuance of the show cause notice dated 6.4.1991 and the notice of termination dated 31.8.1994. As against the aforesaid show cause notice
which is a public interest project and
termination of the contract and execution of the said termination
notice shall lead to further delay ... termination of sub-contracts, etc.
OMP No. 651/2014 Page 22 of 86
It is stated that the valid reasons are given in termination notice
validity of termination or consequential reliefs.
Thereupon, the Arbitral Tribunal had recorded that the issue to be
determined would relate to termination notice dated ... right of termination, the termination must be unequivocal
in both letter and conduct. In the present case, the conduct was inconsistent
with termination and, therefore
Annexure-A was followed by the notice of termination of contract in respect of flyover construction near Jayadeva Institute of Cardiology and by virtue ... possible and thus, gave 14 days notice to the appellant. The appellant responded to the notice of the termination of the contract letter dated
days of the
notice of default. Article 12.4 provides that the notice can be issued through
an electronic mode. Numerous notices of defaults were issued ... termination to be valid, the termination must be served in
accordance with Article 12.4 of this Agreement.
7.2 Mutually Agreed Termination
The parties may mutually
appellant's lease by a notice dated 26th
October, 2013. The notice of the termination was sent by the respondent to
the appellant ... objection to the validity of the notice
of termination dated 26th October, 2013. The termination notice dated 26th
October, 2013 is clear and unambiguous. Relevant
withdraw the consultation notice. It was,
therefore, pointed out through the notice dated 5.5.2006 by the applicants
that the termination of the agreement on their ... advantage based upon the Second Notice."
Learned counsel pointed out that in the first notice there was no termination
of contract
Haryana Power (R-2) seeking for the quashing
of the said termination notice and for consequent
enforcement of the PPA entered into between the
Appellant ... notice of
termination of the PPA to the PTC on 18.12.2009, informing
the circumstances warranting the said termination. This
notice was also received