agreement between the parties. In
the present case, there exists no such pre-existing agreement. The word used in
Clause ... arbitration or through the Court. In other words, there was a pre-existing
agreement between the parties to settle their dispute through consultation, failing
which
interest of third parties on the basis of any pre-existing agreement. According to the learned counsel for the appellants while dealing with such rights ... parties like the present appellants, who press their claims based on pre-existing agreement, the consideration to raise as much funds as possible in keeping
Senior counsel for the applicant would submit that once such a pre-existing agreement is there between the parties, automatically the New Act would ... Senior counsel for the respondent is that de hors such a pre-existing agreement before the commencement of the New Act there should
intention
contemplated in the rule could be gathered from a pre-
existing agreement alone without caring to find out the
intention with which the instrument ... alteration of an instrument intentionally
written in variance with the pre-existing agreement which a
person was in law free to do, by the other
agreed to pay a settlement/service fee towards termination of the pre-existing
agreements. The details of the service providers and nature of their agreements ... termination clause
specifying the terms of settlement in the pre-existing agreements, the
Assessee was not legally obligated to pay the impugned compensation
agreed to pay a settlement/service fee towards termination of the pre-existing
agreements. The details of the service providers and nature of their agreements ... termination clause
specifying the terms of settlement in the pre-existing agreements, the
Assessee was not legally obligated to pay the impugned compensation
basis of purchase
of the suit property subsequent to the agreement with the plaintiff and
during the pendency of the suit.
…………………………….J.
(T.S. Thakur ... manner of doubt that the appellant was aware of a pre-existing agreement to
sell between the plaintiff and the defendants. It is also beyond
sought to provide by s. 34 while
extinguishing all pre-existing agreements, settlements or
contracts of service for freezing the ratio which existed
reasons to justify how Section 22A of SICA applies to
a pre-existing agreement for sale entered into between the
company and a third party ... covered by the
agreement of sale dated 1st March, 2007 and supplementary agreement signed
on 29th September, 2007, was an existing asset of the Respondent
arbitration.
The High Court also held that the concept of pre existing arbitration
agreement which was necessary for reference to arbitration under the
provisions ... Code. Section 89 therefore pre-supposes that there is no
pre-existing arbitration agreement. Even if there was no pre-existing
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arbitration agreement
