B.P.SINGH, HARJIT SINGH BEDI
Hardesh Ores Pvt. LTD. – Appellant
Versus
Hede and Company – Respondent
The legal document explains that for negative covenants (rules that prevent certain actions) to be enforced, there must be a valid, existing agreement. If the agreement is not renewed or does not exist anymore, then these covenants cannot be enforced.
It also states that renewal of an agreement, like a lease or mining rights, usually requires a proper written document. Simply exercising an option to renew does not automatically create a new, valid agreement. Instead, a formal renewal document or a court declaration is typically needed to confirm that the agreement has been renewed.
In this case, the parties argued over whether the agreement was automatically renewed after the original period ended. The court found that there was no proper, renewed agreement in writing, and no court had declared that the agreement was renewed automatically. Because of this, the covenants in the original agreement could not be enforced, and any suit trying to do so was barred by the law of limitation (time limits for legal actions).
The court emphasized that a suit based on an agreement that does not legally exist or is not properly renewed cannot succeed. Therefore, the suits filed were dismissed because they were considered to be filed too late or on the wrong basis, as the necessary legal renewal had not taken place.
JUDGMENT
B.P. SINGH, J.
1. Special Leave granted.
2. These appeals have been flied by the appellants against the common judgment and order of the High Court of Judicature at Bombay dated 20.1 0.2006 In First Appeal Nos. 138 and 139 of 2006 whereby the High Court has affirmed the order of the Trial Court dismissing the suits filed by the appellants under Order VII Rule 11 of the Code of Civil Procedure holding that the suits are barred by limitation.
3. The representative facts giving rise to these appeals are taken from the pleadings in suit flied by Hardesh Ores Pvt. Ltd. The appellants herein, namely, Hardesh Ores Pvt. Ltd. in civil appeal arising out of SLP(C) NO.1 06/2007 (for short Hardesh) and Socledade de Fomento Industrial Pvt. Ltd. In civil appeal arising out of SLP(C) No. 640/2007 (for short Fomento) respectively entered Into two agreements with the respondent Hede & Co. (for short Hede) on 23.10.1996. The agreement with Hardesh was for extraction of are from the mine In question whereas the agreement with Fomento was for purchase of minerals extracted from the mine. 80th the agreements contained similar terms and conditions. As per Clause 2.1 of the Agreement, the agreement
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T. Arivandandam v. T.V. Satyapal and another [1977 (4) SCC 467] (Para 27)
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M.C. Mehta v. Union of India and others [(2004) 12 SCC 188] (Para 18)
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