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LISA GILL
Anand Modgil – Appellant
Versus
Orbit Aviation Pvt. Ltd. – Respondent
JUDGMENT :
LISA GILL, J.
1. Learned counsel for the parties were heard through video conferencing due to outbreak of the pandemic, COVID-19.
2. This revision petition has been filed by the petitioner arrayed as defendant No. 2 before learned trial Court, for setting aside order dated 16.10.2019 passed by learned Civil Judge (Senior Division), Ludhiana whereby application under Order 39 Rule 1 and 2 CPC filed by the plaintiff arrayed as respondent No. 1 in this petition was allowed, with a further prayer for setting aside order dated 18.01.2021 passed by the learned Additional District Judge, Ludhiana, whereby appeal filed by the petitioner, has been dismissed.
3. Brief facts necessary for adjudication of the case are that respondent No. 1-plaintiff filed a suit for permanent injunction restraining defendants including petitioner from undertaking and running similar business of luxury travel coach AC/non-AC buses from any town/city of Punjab to Delhi Airport and from Delhi Airport to any town/city of Punjab and from competing with existing business of the plaintiff and with business transferred by the defendants to the plaintiff on the basis of agreement dated 02.02.2017. It is pleaded
The judgment emphasizes the importance of evidence in deciding the enforceability of non-compete clauses and the limited scope of revisional jurisdiction in interfering with concurrent findings of fa....
Non-compete clauses are valid during the term of an agreement but become void post-termination under Section 27 of the Indian Contract Act, 1872.
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 ....
The main legal point established in the judgment is that parties can, by agreement, exclude the jurisdiction of one Court and the suit would lie in the Court to be agreed upon by the parties.
The force majeure clause in the Leave and License Agreement excused the Defendant from paying license fees during the COVID-19 lockdown, and the contract was not severable, maintaining the obligation....
The court ruled that the respondent can participate in airport tenders despite existing agreements, emphasizing that competition should not be hindered.
Jurisdiction clauses in contracts do not oust local courts if business activities affecting local parties are involved, and a plaint cannot be dismissed solely against some defendants if others remai....
The court emphasized the need for specific prayers or applications when considering restraints against parties and upheld the principle of safeguarding the rights of both parties in arbitration proce....
Termination of service - Respondent/defendant stopped reporting for work/duty and which as aforesaid would amount to termination of Service Contract by respondent/defendant - Not open to the appellan....
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