NARINDER KUMAR MALIK versus SURINDER KUMAR MALIK

NARINDER KUMAR MALIK versus SURINDER KUMAR MALIK

Since the respondent failed to pay the consideration within the time stipulated in the MOU, was not genuinely ready and willing to perform his part, and defaulted on the contract, the MOU cannot be given effect to and is unenforceable.

Parties
Appellant: Narinder Kumar Malik; Respondent: Surinder Kumar Malik
Jurisdiction
India
Judgment Date
04 August 2009
Procedural Posture
Civil Appeal / Final (supreme Court Decision on Appeal)
Outcome
Appeals allowed; judgment and decree of High Court set aside and quashed.
Legal Topics
Partition Suit, Memorandum of Understanding (mou), Enforceability of Contract, Readiness and Willingness to Perform Contract, Specific Performance
Contract Law Property Law Partition Suit Memorandum of Understanding (mou) Enforceability of Contract Readiness and Willingness to Perform Contract Specific Performance

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Parties

Narinder Kumar Malik

Appellant

Surinder Kumar Malik

Respondent

Procedural Posture

Civil Appeal / Final (supreme Court Decision on Appeal)

Legal Issues

  1. 1 Whether the Memorandum of Understanding (MOU) between the parties is enforceable when payment obligations were not honoured within stipulated time.
  2. 2 Whether 'readiness and willingness' to perform under contract suffices without actual and genuine compliance of the obligations.

Ratio Decidendi

Since the respondent failed to pay the consideration within the time stipulated in the MOU, was not genuinely ready and willing to perform his part, and defaulted on the contract, the MOU cannot be given effect to and is unenforceable.

Court Disposition

Appeals allowed; judgment and decree of High Court set aside and quashed.

Orders

  • MOU between parties cannot be enforced.
  • No order as to costs.