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monu@12345   08 August 2017

Is MOU enforceable?

Can anyone tell me about enforceablity of MOU in India & consequences/legal remedy in case of breach? please it's urgent.



Learning

 3 Replies

Nitish Banka (lawyer)     08 August 2017

Yes under the specific performance of contract, share the details to know more.

Regards,

Adv. Nitish Banka

9891549997

Adv Akhtar Ali Sheikh (Property Law Consultant)     08 August 2017

Any agreement (MOU too being one) which is not against any law is binding to the parties to it hence it can be enforced by a competent court of law.

monu@12345   08 August 2017

thanks to both of you for such a prompt reply..
what if somebody has acted upon terms of MOU & invested few crores on a project. and later on second party fails to fullfil terms of MOU and is not ready to sign any agreement which is nothing but supplemental to this mou only. now the project has been stopped because of second party is unwillingness to sign any agreement. what is the legal remedy available that party who has invested such a huge amounts on this project? is it recoverable from defaulting party?

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