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1 - 6 of 6 (0.12 seconds)Article 37 in Constitution of India [Constitution]
Section 9 in The Specific Relief Act, 1963 [Entire Act]
Section 41 in The Specific Relief Act, 1963 [Entire Act]
The Specific Relief Act, 1963
Indian Railways Onboard Catering ... vs Indian Railway Catering And Tourism ... on 11 March, 2020
20. The learned senior counsel for the petitioner invoked equities in its
favor on the ground public money is involved and hence, stressed upon
prayer c viz. NHAI should be directed to deposit the toll collected in the
Escrow Account. This prayer cannot be granted unless the Termination
order is finally found to be illegal as the entire arrangement stands
terminated. It is settled law that a contract already terminated, cannot be
revived by way of interim order under Section 9 as it would amount to
specific performance of a determinable contract in violation of Section 14
(1) (c) of the Specific Relief Act. Even in case of wrongful termination, the
relief is only in the form of damages and not specific performance. Further,
in a Section 9 petition, the Court cannot go into the validity of the
termination order per IRCTC vs. Cox and Kings; 2012 SCC Online Del 113
upheld in (2012) 7 SCC 587; Bharat Catering Corporation vs. IRCTC- 2009
(113) DRJ 435 (DB); Overnite Express Ltd. vs. DMRC 2020 SCC Online
Del 2093.
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