you can file suit seek stay on client event as it has been done in breach of MOU
2) you can seek brokerage from builder for plots sold by him as per terms of MOU
3) if there is arbitration clause invoke said clause for resolution of disputes
Breach of mou
Respected sir, I would like to take your advice regarding a matter. My client (marketing company) done a mou on 500/- stamp paper with a coloniser. Following are the Facts: 1. my client (company) and other company (colonizer) entered into agreement (MOU) on August 2018 for selling exclusively Township of colonizer. 2. my client (company) started selling their projects after this MOU. 3. my client (company) made many associates in the Market, to sell the Project. 4. colonizer agreed that He will not make any associate in market. 5. colonizer agreed in MOU that He will 7. Now 1 month back, Shyam Ashish gave marketing rights to Shubh Nivesh Builder, who was our associate in selling shyam ashsih. 8. Its a clear Breach of our MOU as our MOU is still valid. Now Builder and new Company Shubh nivesh doing Client event at site on 18th and 19th May. We want to do following: 1. Take stay on said event. 2. Want to take Brokerage of all plots sold by Builder as it was mentioned in our MOU that if builder sells plots from its side, than also our company will get brokerage. We have list of plots sold by builder directly. Please Advice legally what are our rights and can we get Stay for the event.
Asked 6 years ago in Business Law
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8 Answers
A case for specific performance of contract. A case must be filed immediately in the city civil court for an injunction and and further action.
Also a claim for damages should also be filed.
Regards
1. See what is clause of the dispute resolution in MOU if it is arbitration then you can give notice to the party and can claim loss and damages for stay on event you need to approach the court for interim stay pending the suit.
But better then taken taking stay at this stage demand brokerage and your share even sold by third party as per agreement.
2. If dispute resolution is not there in MOU file a suit in the court claiming damages and specific performance of MOU.
Have to file suit if specific performance. As interim stay will grant by court. Even if the event not stayed, still builder is bound to honor MOU.
Brokerage payable.
colonizer agreed that He will not make any associate in market.5. colonizer agreed in MOU that He will ---- What this mean. verbally he agree but denied in MOU ?
Unless and until you mention or clarify your involvement or interest in the deal or in the property it is very difficult to advise further.
If you have any interest in the property and the same is going to be impacted by this MOU, you can file a civil suit for declaration and injunction.
you can move the civil court for injunction by filing suit for breach of MOU
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust, against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
In the absence of a registered MOU, the agreement cannot be enforced in court of law.
But that will not restrict you from approaching court of law.
You can file a suit for specific relief before concerned court and seek the relief, let the court decide based on merits.
