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    <title>1995 (6) TMI 199 - CALCUTTA HIGH COURT</title>
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    <description>A negative covenant in an agreement for sale of ore, prohibiting the seller from parting with the identified ore in favour of anyone other than the buyer during the contract term, was treated as specifically enforceable in equity. On that basis, interim protection was continued because the usual balance of convenience and adequacy of damages inquiry was of reduced significance where the covenant was clear. Objections based on low consideration, alleged unconscionability, hardship, and want of readiness and willingness were rejected, as mere inadequacy of price or an onerous bargain did not by itself defeat relief. The court also found that the contractual process for sampling, weighment, and payment did not require court supervision.</description>
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    <pubDate>Tue, 27 Jun 1995 00:00:00 +0530</pubDate>
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      <title>1995 (6) TMI 199 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197928</link>
      <description>A negative covenant in an agreement for sale of ore, prohibiting the seller from parting with the identified ore in favour of anyone other than the buyer during the contract term, was treated as specifically enforceable in equity. On that basis, interim protection was continued because the usual balance of convenience and adequacy of damages inquiry was of reduced significance where the covenant was clear. Objections based on low consideration, alleged unconscionability, hardship, and want of readiness and willingness were rejected, as mere inadequacy of price or an onerous bargain did not by itself defeat relief. The court also found that the contractual process for sampling, weighment, and payment did not require court supervision.</description>
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