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    <title>2007 (12) TMI 515 - Bombay High Court</title>
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    <description>A negative covenant in a sports management and agency agreement, continuing after expiry of the contract and giving the manager a right of first refusal, was treated as unenforceable by interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996. The agreement was characterised as personal, confidential and fiduciary in nature, so specific performance would in substance compel continuation of a personal agency relationship after loss of confidence. The post-term restraint was also regarded as a restraint of trade hit by Section 27 of the Indian Contract Act, 1872. Section 42 of the Specific Relief Act, 1963 was noted not to mandate injunction in every case containing a negative stipulation.</description>
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      <title>2007 (12) TMI 515 - Bombay High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=198175</link>
      <description>A negative covenant in a sports management and agency agreement, continuing after expiry of the contract and giving the manager a right of first refusal, was treated as unenforceable by interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996. The agreement was characterised as personal, confidential and fiduciary in nature, so specific performance would in substance compel continuation of a personal agency relationship after loss of confidence. The post-term restraint was also regarded as a restraint of trade hit by Section 27 of the Indian Contract Act, 1872. Section 42 of the Specific Relief Act, 1963 was noted not to mandate injunction in every case containing a negative stipulation.</description>
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