Application to strike out-Whether claim frivolous, vexatious and an abuse of the court-Whether any reasonable grounds for bringing the claim-Parties in previous litigation-Claim compromised and agreement attached in schedule to tomlin order filed in court-Terms varied by the parties-Court refused to execise summary jurisdiction to enforce tomlin order-Whether current claim an attempt to enforce original agreement-Whether claim sustainable to prosecute new agreement as varied.
Summary judgment-Whether reasonable prospect of success on agreement as varied-Whether there was a breach of contract-Whether court should grant summary judgment on the claim.
Practice and procedure-Proper procedure to bring claim under section 213A of Companies Act-Whether claim commence by fixed date claim form-Whether claim form an irregularity.
Contract-Formation-Agency-Agent for both vendor and purchaser-Offer and acceptance-Bidding process-Issue arising as to what were the terms of the agreement-Whether agent acting for both parties or one party-Whether one principal liable to the other for agent's breach.