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...in view of the exclusivity clause in the contract of courts at Mumbai having jurisdiction, was decided without allowing parties to lead evidence on this disputed question of fact. The issue of...neither whole nor part of cause of cause of action has arisen in Delhi and in any case part of cause of action has arisen at Mumbai and the exclusivity clause of Mumbai courts having jurisdiction...decided by the courts below after parties have led evidence keeping in mind that if part of cause of action is proved to have arisen in Mumbai and there is an exclusivity clause conferring territorial...
...the contention of the petitioner that the respondent has violated the exclusivity clause contained in the agreement and in that regard legal notices were issued. It is contended by the respondent...that he has not violated exclusivity clause. Nevertheless, the petitioner has invoked the arbitration clause contained in the agreement and sought to nominate the arbitrator to consider the dispute...has sought to invoke the arbitration clause and the nomination of the arbitrator is not acceptable for the respondent. Therefore, the learned counsel for the respondent submits that this Court to...
...if part of cause of action is proved to have arisen in Mumbai and there is an exclusivity clause conferring territorial jurisdiction of the Mumbai courts, then even if Delhi courts otherwise have...clauses:“General clause1. The parties hereto agree to abide by the provisions of the Depositories Act, 1996, SEBI...XI dealing with Arbitration — Clause 4(a)(iv). Equally, under sub-clause (xiv), the place of arbitration for each reference and the places where the arbitrator can hold meetings have also to be...
...earns revenue which is then shared with the Defendant. The clauses of the said agreement relating to Term and Exclusivity read as under:
"Clause 5 - Term...………….
Clause 7. Exclusivity: Publisher agrees that Taboola will be Publisher's exclusive Service provider during the Term and Publisher...or before the Effective Date. It is understood and agreed that the Publisher shall be deemed to be in breach of the foregoing exclusivity clause should it keep the Service on...
...able to establish a prima facie case in regard to the exclusivity of their right for the circulation of their magazine “Swagat” on board Indian Airlines flights. Clause 3 of the agreement dated 14-5...that the plaintiffs have any exclusive right to circulate their magazine on board Indian Airlines flights. Neither clause (3) of the agreement speaks of exclusivity in favour of the plaintiffs nor there...clause is conspicuously missing. This Court does not agree with the submission that exclusivity clause is implicit in the agreement. It appears that after entering into the agreement dated 14-5-1998...
...demonstrate that notwithstanding non-exclusivity clause in the purchase orders, the petitioner was directly communicating with Arcelor Mittal thereby committing a breach of contract for which the...claim loss and damage in case there is a breach of the exclusivity clause. It is submitted that the respondent is having a claim on account of damages and at an appropriate time, such claim should be...in line and in tune with the existing arrangement. The petitioner, however, deleted the exclusivity clause, although, it had recognized that the arrangement on exclusive basis was continuing since...
....8. Arguments have been countered. It has been pointed out that the bills do not have any exclusivity clause. Part of the cause of action had, in fact, arisen at Delhi. Attention has been...supplied from the Solan office. It has vehemently been urged that the jurisdiction of the Delhi Courts was ousted in terms of the aforenoted clause; no cause of action had arisen at Delhi. Learned counsel...specifically averred in the plaint itself wherein it is stated that the registered office is at Delhi; payments had to be received at Delhi. The clause relied upon by the learned counsel for the appellant as...
...preparation and submission of their proposals for the project and in the event of award, for execution of the same. Reliance in the suit has been placed upon the “Exclusivity Clause” as contained in...hand off the agreement which had been arrived at between the parties. Relying upon the “exclusivity clause” as contained in Article 13 of the consortium agreement, the plaintiff contends that plaintiff...agreement which had been given to it by defendant No. 1 did not contain any exclusivity clause and as such the plaintiff could not invoke the same so as to be entitled to an injunction against...
...the agreement as you would appreciate that inspite of your not maintaining the exclusivity clause, by supplying material to KKTC and some other people also, who are very minor players as compared to us...management had agreed to your request of signing off the exclusivity clause of our Agreement on my insistence. However, I would like to continue business with Brother Woo and you, as my daughter, on...by the petitioner's aforesaid letter dated 18th December, 2007 or, in any case, a fresh contract came into existence between the parties which did not have any such exclusivity clause in favour of the...
...of any of "the event of defaults"
specified in the agreement and also breach of exclusivity clause provided in the agreement... Unacademy. xxx
23. The agreement recognises two types of exclusivity.
(a) As per clause 11, exclusivity is granted to the...Unacademy during the currency of the agreement. Said clause is the 'exclusivity' clause. However, said clause enables the Educator to carry on the "ongoing engagements" if so agreed between the parties and...
...State has argued that because of the exclusivity clause that no other person could use the vehicles during the period of hire it meant that it would amount to a transfer of right to user or that...delivery had been completed at the stage of making the agreement itself for reasons of adding that clause of exclusivity.
15. After hearing counsels for both sides and after perusing the...also remained with the assessee. Only clause-7 of the agreement indicates that during the period of a hire no other person would be able to use the said vehicle. However, it cannot be said that such a...
...e-mails and correspondence prior to October 28, 2016 to demonstrate that notwithstanding non-exclusivity clause in the purchase orders, the petitioner was directly communicating with Arcelor Mittal...contract of exclusivity and has threatened the petitioner to claim loss and damage in case there is a breach of the exclusivity clause. It is submitted that the respondent is having a claim on account...and the respondent to show that there is no exclusivity clause which debars AM from procuring the material directly from the vendors nor does it prevent a vendor to supply to AM directly. However, it...
...of 1976, an exclusivity clause in the agreement for marketing automotive pistons was permitted. It was noticed that the distributor merely acted as an agent for procuring bulk orders from purchasers...dealership-arrangement pertains to marketing of diesel engines, pumping sets and spare parts. In RTPE No. 3 of 1976 also, MICO was permitted to incorporate an exclusivity clause in the distributorship...agreement for marketing fuel injection equipment. The exclusivity clause in these two cases was permitted having regard to the requirement of after-sale specialised services for the maintenance of these...
...to them, it was for non-compete in view of the exclusivity clause in the agreement. Ld. Counsel placed reliance on judgment of the Hon'ble Bombay High Court in the case of...Cit v. Modi Revlon Pvt. Ltd., (2012) 26 Taxman Corn 133 (Del) wherein exclusivity clause has been held to be irrelevant for deciding whether the paymen...capital or revenue in nature. In view thereof, the assessee claimed that exclusivity clause in the Exclusive Data Supply Agreement would not convert the compensation of Rs. 3,41,42,848/- paid by the...
...between the parties. Relying upon the “exclusivity clause” as contained in Article 13 of the consortium agreement, the plaintiff contends that plaintiff is entitled to an injunction restraining the...which had been given to it by defendant No. 1 did not contain any exclusivity clause and as such the plaintiff could not invoke the same so as to be entitled to an injunction against defendant No. 1...plaintiff is relying upon. Though in the agreement dated august 19, 1995 there is an “exclusivity clause” as contained in Article 13, however, in the agreement which was provided to defendant No. 2...
...been cancelled incorrectly by applying the exclusivity clause.
6. In view of the above, the impugned rejection information (Annexure A/1) is quashed being illegal...
...been cancelled incorrectly by applying the exclusivity clause.
11. Consequently, the impugned rejection information („Annexure A/1" before the learned Tribunal) had been...
...that the candidature of the respondent has been cancelled incorrectly by applying the exclusivity clause.
10. Consequently, the impugned rejection information („Annexure A/1...
...the years 2018-2019 to submit that the land is of alluvion and diluvion in nature, therefore, the Panchayat has no concern whatsoever, with the land as it falls within the exclusivity clause of...
..., which clearly did not invite any rejection/cancellation. The learned Tribunal observed that the candidature of the respondent has been cancelled incorrectly by applying the exclusivity clause.
11...