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DELHI HIGH COURT
C.HARI SHANKAR
MX Media and Entertainment Pte. Ltd. – Appellant
Versus
Contagious Online Media Networks Private Limited – Respondent
| Table of Content |
|---|
| 1. factual background of the petitioner and respondent's agreement. (Para 2 , 3 , 4) |
| 2. arguments presented by the petitioner for enforcing contract. (Para 5 , 7 , 8) |
| 3. analysis of lack of consensus between parties. (Para 6 , 12 , 13) |
| 4. conditions for contractual enforceability require consensus. (Para 9) |
| 5. court observations on the efforts to reach a contract. (Para 10 , 11 , 14) |
| 6. conclusion regarding absence of enforceable contract. (Para 29 , 30) |
| 7. final remarks on dismissal of the petition. (Para 33) |
JUDGMENT
1. Learned Senior counsel for the parties have been heard at length and, with consent, this judgment disposes of O.M.P. (I) (COMM.) 106/2021.
Facts
2. The petitioner is incorporated and located in Singapore. It is engaged in the production, development, marketing and distribution of media entertainment content, over its Platform "MX Player" ("the Platform").
3. The respondent produces and develops audio-visual content under the brand names "The Viral Fever ("TVF")", "The Screen Patti (TSP)" and "The Timeliners", among others.
4. Appreciation of the rival submissions would require, in the first instance, a chronological excursion through the various d
A valid and enforceable contract requires mutual agreement on essential terms; ongoing negotiations and unsigned agreements do not establish legal obligations.
A contract is not concluded until there is consensus ad idem between the parties.
Section 9 of the 1996 Act cannot be used as a tool to compel the opposite party to pay money to the claimant.
The main legal point established in the judgment is that the conclusion of a contract can occur upon the award of work, and non-compliance with tender and contract terms can justify contract terminat....
An enforceable arbitration agreement requires mutual consent evidenced by signed documents; mere communications cannot establish such consent.
The court determined that a contract remains valid unless mutually annulled or replaced, upheld by statutory obligations under the Evidence Act.
The court emphasized the arbitrability of the disputes and the need for the petitioner to seek appropriate reliefs under Section 17 of the Arbitration and Conciliation Act, 1996 before the appointed ....
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