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2000 Supreme(Del) 528

DEVENDER GUPTA, S.K.AGARWAL
RAJASLHAN BREWERIES LIRNITED – Appellant
Versus
STROH BREWERY COMPANY – Respondent


Advocates Appeared:
ARUN JAITLEY, ASHISH VAD, Manmohan, MANOJ VAD, S.K.Kaul

Devinder Gupta

( 1 ) THIS appeal is against the order passed by learned Single Judge of this Court on 23. 3. 1999 dismissing the application (IA. 1291/99) filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 (for short "the Act") seeking ad interim temporary injunction staying the two notices of termination dated 19. 1. 1999 issued by the respondent terminating the Technical Know-how Agreement as well as Technical Assistance Agreement, both dated 22. 7. 1994 executed between the appellant and the respondent and also restraining the respondent from executing any fresh contract of similar nature with any third party.

( 2 ) LEARNED Single Judge dismissed the appellant s application on the ground that injunction prayed for was statutorily prohibited on conjoint reading of Section 41 and Section 14 (i) (c)-of the Specific Relief Act since the contracts in question were determinable in nature. .

( 3 ) THE appellant s case is that the contracts in question are not determinable in nature as contemplated by Section 14 (i (c) of the Specific Relief Act since there is no clause in the agreement, which permits the respondent to terminate the agreements by giving


























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