time attention to the
service of the employers and also a negative covenant
preventing the employee from
working elsewhere during the term of the agreement ... interests where the negative
stipulation is not void. There is also nothing to show
that if the negative covenant is enforced the appellant
would
legal contention
that the defendants are bound by the 'Negative Covenants'
from using plaintiffs' Proprietary Interests and soliciting
business, has concluded that ... Covenants can be only enforced
during the term of the employment and such covenants
cannot be enforced beyond the period of service. Even where
Negative
maintainable. In support of this prayer plaintiffs have sought for negative covenant as per Clause 17 of the MOU. Relying in furtherance negative covenant Page ... Clause 17 of the MOU being subject to termination and the negative covenant being limited only to the duration of the said MOU. To enforce
principle of law that in appropriate cases where agreement
provides a negative covenant, even a negative covenant can
be enforced if the case falls under ... urged on behalf of the Educator that the
negative covenant cannot be enforced as such there cannot be a
restraint order on the Educator from
online SC 1219
24 2006 SCC online Delhi 743
- 11 -
negative covenant, even such a negative covenant can be
enforced if the case falls under ... urged on behalf of the Educator that the
negative covenant cannot be enforced as such there cannot be
a restraint order on the Educator from
invaded legal rights of
plaintiff.
VI. The plaintiff cannot enforce a negative covenant
against the provisions of section 41(h) of Specific Relief ... counsel for II-defendant that plaintiff
is trying to enforce a negative covenant against provisions of
31
section 41(h) of the Specific Relief
years. Especially in view of MOU dated
13.1.2003, there is implied negative covenant as
contemplated under Section 42 of the Specific Relief Act
and, therefore ... negative stipulation. The
negative stipulation may be express or
implied but it must be a distinct negative
stipulation. The negative stipulation cannot be
implied merely
xfi). The suit'-Vi.sV__not for enforcing the negative covenant ... coupied
Li.
30
with negative agreement not to do certain act, the Court can
grant injunction to enforce the negative covenant.
{xxXvii) Placing reliance
grant
of negative relief:
39. We are of the view that the respondents
are right in contending that enforcement of the
negative covenants presupposes ... assumption
that the original agreement stood renewed
including the negative covenants contained in
clauses 15 and 20 of the original agreement
which authorised only
parties.
33. The petitioners have based their case on
the negative covenant contained in Clause 16.
It is the contention of Godrej Industries that
Clause ... injunction, was
confirmed, which reads as under:
41. Thus, the negative covenant binds Godrej as
well and the argument that the petitioners have
committed breaches
