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MOKSHA KHAJURIA KAZMI
Food Corporation of India – Appellant
Versus
Iqbal Motors Transport Service (M/S) – Respondent
JUDGMENT :
Moksha Khajuria Kazmi, J.
Caveat No. 1840/2022
1. Heard learned counsel for the caveator. Caveat discharged.
2. The appellants, through the medium of present appeal, seek setting aside of the order dated 08.09.2022, hereinafter for short as impugned order, passed by the learned 2nd Additional District Judge, Srinagar, for short trial court, in an appeal titled M/s Iqbal Motors Transport Service & Anr v. Food Corporation of India and others, on the grounds taken in the memo of appeal.
Brief Facts
3. The case of the appellants, precisely, is that pursuant to tender notice, No. Cont./32(3)/JK/Tender/2019-20, dated 10.06.2020, the respondent transport company was allotted the tender, after having been declared as successful bidder, on 24.02.2021. The respondent-transport company was required, in terms of the contract, to supply foodgrains from EX-FSD New Godown Jammu to FSD Budgam. During the currency of such contract, the appellants issued a termination and debarment order no. Cont 32 (3)/ (JK)/Tender/2019-20/NIT:20.11.2020/NG Jammu to PEG Budgam II dated 26.08.2022, by virtue of which the contract with the respondent-transport company was terminated with immediate effect. The op
Injunctions cannot be granted to prevent breaches of determinable contracts under the Specific Relief Act, and the trial court must adhere to established principles when considering applications for ....
Statutory actions must be challenged under writ jurisdiction, not civil suits, and established conflict of interest justifies debarment from tenders.
A contract that is inherently terminable does not prevent the enforcement of specific performance claims if the termination is contested as being unjust or improper.
Absence of specific clause authorising and enabling either party to terminate the agreement in the event of happening of the events specified therein, from the very nature of agreement, which is priv....
The court upheld the rejection of an interim injunction under the Arbitration Act due to the appellant's failure to establish a prima facie case and balance of convenience.
The failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.
A plaintiff alleging fraud must establish a prima facie case, balance of convenience, and potential irreparable harm to obtain an ad-interim injunction under the Code of Civil Procedure.
A contract that is determinable in nature cannot be specifically enforced, and no injunction against termination and enforcement of the contract can be issued.
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