Legal Question in Civil Litigation in India
Agreement
Govt of institute entering an agreement with an institution which is registered under Society registration Act. Where one of the clause in the contract is TIME IS THE ESSENCE OF CONTRACT completion of work should be completed within 3 yrs & the Amt involved in the agreement is high. If the Institute is dissolved before completion of the contract then what happend to Agreement. We are on behalf of Govt institution.
3 Answers from Attorneys
Re: Agreement
What do you mean by 'DISSOLVED'? whether the institute still exist in the records of registrar of society or not? There are set procedure of dissolution of any registered institute/society.A public notice for dissolution is must which follow by a due resolution by all the board of directors,share holders and due intimation is also must to the registrar,but prior to that all pending issues etc. are duly settled or provision for settlement of issues are also decided in the resolution.These informations are must to give exact advise on subject matter.If the society still exist in records of registrar of societies and the same is not closed by due process of law,then,in the scenierio of your case the act of institute ammount to breach of contract/Agreement as the given work under the contract has not been completed by the institute.Once a contract is always a contract and the same continues to exist till parties to the agreement/contract mutually waive the contract.Even if the institute is closed/dissolved in all manners even then non-completion of agreement is breach of contract.The suffering party can proceed against the institute and its directors both in civil and criminal cases and can also recover the damages from the institute and its directors,properties of the institute. For any other query/assistance you may call on my mobile.
Re: Agreement
if you are at loss then you can claim loss from the institution under civil law. if u are a govt institution then u must be having lawyers at ur disposal. then why u are seeking advice here.
either party who dont complete the contract is liable to indemnify other.
For further and detailed advice please contact personally. Consultation charges will apply.
Re: Agreement
Dear Sir,
If the institute is dissolved prior to completion of the work then you have to wait till further claim of involved amount.Till the claim is made by proper body you can deposit the agreement amount in an nationalised bank.
Thanks
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