Suresh CSLLM (Service) 28 November 2009
Dear All
In India, is it possible to enter in to 'No bidning Agreement' It means e.g. parties have entered in to Agreement with a specific clause effecting that either party shall not resort legal remedy and shall not approach to court in case of breach.
The Said Agreement is otherwise valid and enforceable in court of law.
Suresh Savaliya
CS, LL.M.
Tapan Amoria (Manager H.R.) 28 November 2009
Dear Suresh
It is not possible to force any clause which directly or impliedly says that "either party shall not resort legal remedy". In other words right of Legal remedy cannot be curtailed by any agreement.
Mohan Panikkar (Advocate) 29 November 2009
Section 28 of the Contract Act is very clear on the issue Agreements in restraint of legal proceedings- it is void. However, exception will be an arbitration clause. Please see the section for details
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 29 November 2009
There is no chance to disagree with the opinion of other experts on this common subject.
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