Whether plea of Novation of contract can be determined at Section 11(6) stage?

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Shubham Budhiraja[1]

 

(I)                   The court at the referral stage can interfere only when it is manifest that the claims are ex facie time barred and dead, or there is no subsisting dispute.

 

(II)                 Similar would be the position in case of disputed “no claim certificate” or defence on the plea of novation and “accord and satisfaction”.

 

(III)              Even if the performance of the contract has come to an end, the contract can still be in existence for certain purposes in respect of disputes arising under it or in connection with it.[2]

 

 

 

 


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com , +91-9654055315

[2] CIVIL APPEAL NO. 8818 OF 2022, 23/11/2022

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