affirmative agreement in the present
Petition. The injunction prayed for is for enforcement of a negative
agreement not to do a certain ... Court is not
precluded to grant an injunction to perform the negative agreement even if
there are circumstances that prevent the Court to compel specific
Wipro Limited vs Beckman Coulter International S.A. on 11 July, 2006
Equivalent citations: 2006
such injunction is not saved by Section 42 of
the Specific Relief Act, 1963 as no injunction, even to enforce a
negative covenant ... injunction is completely proscribed. Of
these, clauses (e) and (h) are relevant. They read as under:
"41. Injunction when refused. - An injunction cannot
bills of the respondent. The Supreme Court pointed out that this negative injunction could not mean a positive order to the Government ... only in form but also in substance a negative injunction. It has no positive content. What it does is merely to injunct the appellant from
affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement and this is subject to proviso that the plaintiff ... Court is not bound to grant injunction in every case and injunction to enforce a negative covenant even could be refused in appropriate cases. When
India; the petitioner, however, cannot go further and claim an interim injunction be issued with regard to the other contracts which are not the subject ... contracts. It is not only inform but also in substance a negative injunction. It has no positive content. What it does is merely to injunct
construed in any manner as negative covenant, however, in
respect of a negative covenant, the injunction could also be declined in
certain circumstances, depending ... affirmative agreement shall not preclude
it from granting an injunction to perform the negative
covenant. Section 42 is thus an exception to Section
relating
to contracts in which injunction can be granted and is as under:
"42. Injunction to perform negative agreement.--
Notwithstanding anything contained in clause ... binding on him.‖
The same permits injunction to enforce negative covenant in a
contract, even though the contract is not specifically enforceable.
32. I thus
contingent upon the injunction
seeker performing its obligations. Section 42 SRA reads as under:
"42. Injunction to perform negative agreement: -
Notwithstanding anything contained ... however, not bound to grant an
injunction in every case and an injunction to enforce a negative covenant
would be refused if it would indirectly
Court is not bound to
grant an injunction in every case and an injunction to
enforce a negative covenant would be refused if it would ... Agreement having expired, the
plaintiff is not entitled to an injunction enforcing the
negative covenant contained in the Agreement. I just fail to
appreciate
