RAJIV SAHAI ENDLAW
Independent News Service Pvt. Limited – Appellant
Versus
Sucherita Kukreti – Respondent
JUDGMENT :
Rajiv Sahai Endlaw, J.
IA No.1192/2019 (for exemption)
1. Allowed, subject to just exceptions.
2. The application stands disposed of.
CS(OS) 43/2019 & IA No. 1191/2019 (u/O XXXIX R-1&2 CPC)
3. The plaintiff, a Television News Channel, has instituted this suit for permanent injunction restraining the defendant, a news broadcaster with the plaintiff since the year 2004, from taking up similar work with any other television channel during the term till 30th November, 2019 of her Agreement with the plaintiff and / or from allowing her name, image or voice to be associated with any other news channel; and for recovery of Rs.2,00,10,000/- as damages.
4. The suit is accompanied with an application for interim relief.
5. The counsel for the defendant appears on seeing the matter in the cause list and the senior counsel for the defendant has also been heard in opposition to the ad interim injunction sought by the plaintiff.
6. The question for consideration is the same as has been repeatedly coming up before Courts for over a century, i.e. of enforcement of negative covenant not to serve a competitor, in a contract of personal service, performance of which is dependent on personal qualifi
Wipro Ltd. Vs. Beckman Coulter International S.A. (2006) 131 DLT 681
Niranjan Shankar Golikari Vs. Century Spinning and Manufacturing Co. Ltd. AIR 1967 SC 1098
Independent News Service Pvt. Ltd. Vs. Anuraag Muskaan (2013) 199 DLT 300
Gujarat Bottling Co. Ltd. Vs. Coca Cola Company (1995) 5 SCC 545
Superintendance Company of India (P) Ltd. Vs. Krishan Murgai (1981) 2 SCC 246
Percept D’Mark (India) Pvt. Ltd. Vs. Zaheer Khan (2006) 4 SCC 227
Rajasthan Breweries Limited Vs. Stroh Brewery Company AIR 2000 Del 450
Kartar Singh Vs. State of Punjab (1994) 3 SCC 569
A.I.I.M.S. Students Union Vs. A.I.I.M.S. (2002) 1 SCC 428
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