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Kiran Bhide (individual)     25 February 2011

How to get non-complied MOU cancelled?

Dear All,

 

I want guidance from all of you learned people on the issue as explained here.

A & B entered into an M.O.U. where B had agreed to purchase some land  which was to be allotted to A from Government.

At the time of the M.O.U. the land wasn't existing. B agreed to pay 10% of the consideration amount to A as a token and gave him three cheques.

Out of these the first two cheques were honoured and the third cheque was returned for the reason of inssufficient funds. A informed B about this and B promised to pay him by another cheque within 15 days.

Beleiving him, A handed over the cheque to B in good faith. Even after Two & Half years, B hasn't paid anything to A.

Now A has lost confidence in B and does not want to continue with A in any manner therefore A sent a notice to B asking him to take his money back.

B is not coming forward to take his money back. In such a case:

Can A approach the Court to get the deal cancelled after depositing a Demand Draft or Pay Order or Deposit the amount in the Court's Custody and get the deal cancelled?

Because if B does not take his money back, A will not be able to sell the property to another buyer or B will unnecessarily harras the new owner.

What is the best legal solution for this problem?

A can deposit the money with the court anytime. Please suggest .....

Thanking you in advance



 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 February 2011

A Typical MOU, will always have time-bound exit clause in-built into the MOU and forefeiture of pre-paid money for breach of MOU.

 

A Typical MOU will ALSO have time-limit rescinding clause in-built into the MOU, for one-sided cancellation of MOU.

 

Anyways, for sake of records, send a legal notice to "A",  declaring the rescinding the MOU on described grounds  AND then continue for the proposed sale.

 

Keep Smiling .... Hemant Agarwal


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