whether the claim was based on account stated and there was a novation or alteration of the contracts. Ahmad. J. took the view that ... claim was based on account stated and there was novation and alteration of the contract, and, as such, the suit was not maintainable
also contended that as the old contract between the parties had been novated, the plaintiff's suit on the basis of the Khata ... Hundies in discharge of the plaintiff's debt amounted to novation and, therefore, the plaintiff could not sue on the basis of the original
respondent resisted the O.P. on the ground that there was no novation of contract at any time replacing the original contract between Gopinatha Menon ... them. The appellant challenges these findings by contending that there was no novation of contract by way of substituting the old contract at any time
Atul and
in turn with SBI, in whose favour, the contract was novated. Under
these circumstances, as all such disputes are during the period
alongwith four covered car parkings in
the Aloha Project, Gurgaon, was
cancelled/novated, if so, to what effect, on the
claim of the claimants ... Commercial Project in Vaishali, Ghaziabad, after
the alleged cancellation/novation of the earlier
Agreement dated 09.09.2009, as is the case of the
Respondent
forth in paragraph 7 of the plaint, but of a novation by which the English Company, in consideration of the defendant company releasing in from ... part from its liability to the plain-tiffs by any release or novation, but that the indebtedness of the defendant company to the plaintiffs under
company and regulations interse the shareholders. Alternatively, it was argued that the novation agreement dated 18.11.1985 referred not only to the Technical Knowhow Agreement ... Government in its letter dated 7.2.1986 acknowledged the receipt of the novation agreement, which shows that the Government was not only aware of the Technical
Contract Act the agreement between the parties stood
novated, the Respondent having accepted the execution of the
General Power of Attorney dated 29.3.2000 in satisfaction ... submitted by the Respondent's counsel
that no question of novation of the contract had arisen or possibly
could have arisen at any point
appellant, executed by the respondent No.1 and there
was no novation of the contract, therefore, the original
contract was to remain in operation ... inconsistent and not in conformity
of each other, there would be no novation of the contract
and the earlier contract has to continue. This being
defendant No. 2 alone as the Director of the Company amounted to novation of the contract and the previous contract must be deemed to have ... defendant No. 2 alone as the Director of the Company, will constitute novation of the initial contract between the plaintiff-Bank and defendants
