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    <title>2009 (12) TMI 1015 - GAUHATI HIGH COURT</title>
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    <description>An ex parte ad-interim injunction granted under Section 9 of the Arbitration and Conciliation Act, 1996 was treated as an appealable interim measure under Section 37(1)(a). The underlying development arrangement was held not to be specifically enforceable because it remained contingent on material preconditions and later became frustrated and impossible to perform, so interim injunction could not be sustained in aid of specific performance. Relief also failed under the negative covenant route, because Section 42 of the Specific Relief Act, 1963 cannot be used to indirectly enforce an unenforceable contract, and the case was not pleaded or decided on that basis.</description>
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      <title>2009 (12) TMI 1015 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=198180</link>
      <description>An ex parte ad-interim injunction granted under Section 9 of the Arbitration and Conciliation Act, 1996 was treated as an appealable interim measure under Section 37(1)(a). The underlying development arrangement was held not to be specifically enforceable because it remained contingent on material preconditions and later became frustrated and impossible to perform, so interim injunction could not be sustained in aid of specific performance. Relief also failed under the negative covenant route, because Section 42 of the Specific Relief Act, 1963 cannot be used to indirectly enforce an unenforceable contract, and the case was not pleaded or decided on that basis.</description>
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      <pubDate>Mon, 07 Dec 2009 00:00:00 +0530</pubDate>
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