submitted that the aforesaid Clause 12 of the Agreement contains a negative covenant whereby the Defendant agreed not to sell or otherwise part with ... behalf of the petitioner that there being a clause containing negative covenant in the said Agreement (Clause 12) and a provision giving rights
perform a negative covenant. This position is undisputed.
66. In the present case, the contract contains both affirmative covenants as also negative/covenants (express ... Agreement and there is nothing negative about, it, Therefore, in the garb of enforcing a negative covenant, the petitioner is seeking, in fact, to under
demised premises. Since this is a violation of the negative covenant, this Court should grant an order of injunction enforcing the negative covenant ... cause of action of the petitioner is based on a mere negative covenant without any interest in the land. In other words, the learned Counsel
orders of injunction against the respondent for
enforcement of a negative covenant in the agreement dated July 01, 2013, as amended by the
amendment agreement ... respondent ought to be restrained from
acting in breach of the negative covenant contained in clause 2A of the said agreement. The
respondent is, however
respondent Nos.39 to 42 from acting in breach of negative
covenant as pleaded in Paragraph 42 of the Plaint.
The reliefs in the suit ... disregarding the existing arrangement is a clear breach of the implied
negative covenant and a breach of implied covenant can be restrained by
injunction although
present application is whether specific
performance of an agreement, including a negative covenant contained therein,
is mandatory under the amended provisions of the Specific Relief ... restricted covenant even where it cannot enforce the
affirmative covenant.
11. Specific performance of contracts and enforcement of negative covenants
are woven into the fabric
moment when the breach complained of is in respect of a negative covenant. In that view the learned Subordinate Judge dismissed the appeal and confirmed ... appreciate that at this stage the court is not enforcing any negative covenant but is merely exercising its discretion in terms of Order 39 Rules
this is an agreement in perpetuity; and (iii) there is a
negative covenant which prohibits the Arcelor Mittal Companies from
dealing directly with the Defendant ... said agreements would
clearly show that there is no negative covenant and it provides that in
certain cases, the Arcelor Mittal Companies (procuring companies
question of restraint of trade or operation of a negative covenant. A negative covenant means a restraint. Therefore the agreement in its entirety consists ... serve the employer for a specified time and secondly, a negative covenant not to serve anyone else during that specified period. The question is whether
construction of the contract the learned Judga implied in it a negative covenant to the effect that till adjudication of the dispute under the arbitration ... damages. Negative covenant is enforced by the Court, if there is an express covenant and very rarely, if at all, such a negative covenant
