Specific performance of agreement

Querist : Anonymous (Querist) 15 December 2011 This query is : Resolved
Two parties entered into a MOU during the pendency of civil suits. However one of the parties now refuses to act upon the MOU. What is the remedy? there is a clause in the MOU which says if any of the parties does not comply with the terms in the MOU , the MOU will be automatically cancelled and they will be at liberty to persue civil and criminal proceedings against each other.

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Raj Kumar Makkad (Expert) 15 December 2011
If one of the parties has resiled from the understanding, there shall be no effect over the pending civil suit and no benefit can be got derived by way of such MOU which already contains a term having no impact over theh civil right of either of the parties if MOU is not acted upon.

Sailesh Kumar Shah (Expert) 17 December 2011
who are two parties?
both are parties of civil suit
or one?

Querist : Anonymous (Querist) 17 December 2011
Yes they are the respondent and petitioner of a civil suits for which they made the mou but later did not act upon it

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