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    <title>2002 (6) TMI 441 - HIGH COURT OF MUMBAI</title>
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    <description>A memorandum of understanding providing payment in instalments was construed to require the final instalment within 30 days of closure of the public issue, and the earlier confirmation requirement was held not to govern that claim. The defendants&#039; plea that the plaintiffs had lost the right to recover the amount was treated as unsupported by contemporaneous material or any contractual term, and therefore not a bona fide triable defence. On arbitration, the text states that Section 8 requires a written application before the first statement, supported by the arbitration agreement or a certified copy, and that a civil court cannot refer the matter suo motu in the absence of such compliance. The dispute was therefore not referred to arbitration.</description>
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    <pubDate>Tue, 04 Jun 2002 00:00:00 +0530</pubDate>
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      <title>2002 (6) TMI 441 - HIGH COURT OF MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=106356</link>
      <description>A memorandum of understanding providing payment in instalments was construed to require the final instalment within 30 days of closure of the public issue, and the earlier confirmation requirement was held not to govern that claim. The defendants&#039; plea that the plaintiffs had lost the right to recover the amount was treated as unsupported by contemporaneous material or any contractual term, and therefore not a bona fide triable defence. On arbitration, the text states that Section 8 requires a written application before the first statement, supported by the arbitration agreement or a certified copy, and that a civil court cannot refer the matter suo motu in the absence of such compliance. The dispute was therefore not referred to arbitration.</description>
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