Corporate Debtor had already terminated the contract on 14.02.2019 which date
also predated the fresh second demand notice of 25.04.2019. Hence it was
asserted ... ground for pre-existing dispute, we notice
that the Corporate Debtor had also terminated the contract with the Operational
Creditor on 14.02.2019 which date preceded
provides that client that is the Corporate Debtor can
terminate agreement with 30 days notice after the lock in period whereas
there are restriction ... terminated the
agreement contrary to the agreement clause 1.4, the claim for breach of
contract clearly arose in favour of the Appellant. We have noticed
terminable contract and in terms of
Section 14 of the Specific Relief Act, 1963, cannot be restored. Assuming
without admitting that the Termination Notice ... reiterated that NHAI cannot simply reject the Termination Notice.
The Concession Agreement was a terminable contract and there was nothing
in the Concession Agreement which
disconnection notice dated 25.07.2017 was issued
and on 11.08.2017, Respondent No.2 disconnected the supply of the
Corporate Debtor thereby terminating the contract of supply ... relation to the
insolvency, a party e can be restrained from
terminating the contract only if it is central to the
success of CIRP. Crucially
letter of appointment dated 10 March 2014 (employment
contract). The relevant clauses of the employment contract are set out below
for ease of reference ... terminated as per Clause 8.1 of the
employment contract between the two parties. All the dues, which included
three months' notice or salary
fact. When the Appellant terminated the Lease Deed, the claim for
breach of contract clearly arose. We have already noticed above the definition
of claim
shortcomings in the work
execution but also had to partially terminate the contract. We notice that
MSEDCL had convened a meeting on 19.11.2018 to review ... calling upon to expedite the
touched work of the partially terminated contract. This letter of MSEDCL was
brought to the knowledge of the Operational Creditor
supplies to be
terminated and effective date of termination. According to this Clause,
the Owner either terminate the whole contract or terminate the part ... clauses/articles as enumerated under the EPC contract
that the contract has not been terminated by either parties and the
contract still subsists. Therefore
pandemic.
.......
6. Under the present notice, on the one hand your client alleges that they
have already terminated the contract vide their email dated ... other party in terms of the contract. Hence, your
client cannot claim that the contract stands terminated. Even a bare
perusal of the contents of said
note that when the contract was terminated on 28.01.2020, the
moratorium was in place. However, the termination of the contract was
culmination of the protracted ... Corporate Debtor. The termination notice
enumerated the following deficiencies:
xxx
26. In Gujarat Urja (supra), the contract in question was
terminated by a third party
