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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
F.G. Pharma Private Limited – Appellant
Versus
Apex Laboratories Private Limited – Respondent
| Table of Content |
|---|
| 1. application for interim injunction (Para 2 , 3) |
| 2. background of plaintiff-defendant relationship (Para 4 , 5 , 6 , 7) |
| 3. claims regarding contractual termination (Para 8 , 9 , 10) |
| 4. arguments on legal grounds for injunction (Para 11 , 12 , 14) |
| 5. court’s preliminary analysis of the contract (Para 15 , 16 , 19) |
| 6. specific relief act provisions (Para 17 , 18 , 23) |
| 7. consideration of amended provisions and scope (Para 24 , 25) |
| 8. order of interim injunction granted (Para 26 , 27) |
ORDER :
1. The applicant/plaintiff has filed the above suit under Order IV Rule 1 of O.S. Rules r/w Order VII Rule 1 of the CPC, against the respondent herein/defendant for the following reliefs:
(i) pass appropriate decree/judgment declaring the "Notice of Termination dated 03.07.2025" sent by the defendant to the plaintiff wherein the defendant had arbitrarily cancelled the plaintiff's appointment as the exclusive distributor of the defendant's products to Government Medical Store Depots across India as illegal, void and non-est in the eyes of law;
(ii) grant a decree/judgment of specific performance by directing the defendant to engage the plaintiff as its exclusive distributor of the defendant
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 distributorship agreement was terminable and had expired by efflux of time. The appellant's attempt to enforce the agreement was not tenable. The Court found no error in the decisions of the Arbi....
The court held that a contract of personal service is not specifically enforceable, and restrictions on trade after termination violate Section 27 of the Indian Contract Act.
A contract that is determinable in nature cannot be specifically enforced, and no injunction against termination and enforcement of the contract can be issued.
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 ....
A contract with specific termination conditions is not inherently determinable under Section 14 of the Specific Relief Act, allowing for interim relief to maintain status quo pending arbitration.
Request for grant of damages cannot be accepted in absence of any specific prayer to that effect.
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