https://www.taxtmi.com/caselaws?id=282766 An interim injunction under Section 9 of the Arbitration and Conciliation Act was upheld where a long-term mining machinery hire agreement contained a restrictive covenant and the agreement had not been terminated when relief was sought. The Court applied the prima facie case, balance of convenience and irreparable injury tests, and also considered the negative covenant principles under Sections 41 and 42 of the Specific Relief Act. It held that allowing third parties to replace the respondent or permitting new machinery would defeat the contractual bargain and cause injury not adequately compensable in damages. The termination clause was left for arbitration, so interim protection of the respondent's contractual rights was properly continued. en-us Fri, 06 Mar 2015 00:00:00 +0530 Thu, 22 Aug 2019 20:38:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282766 An interim injunction under Section 9 of the Arbitration and Conciliation Act was upheld where a long-term mining machinery hire agreement contained a restrictive covenant and the agreement had not been terminated when relief was sought. The Court applied the prima facie case, balance of convenience and irreparable injury tests, and also considered the negative covenant principles under Sections 41 and 42 of the Specific Relief Act. It held that allowing third parties to replace the respondent or permitting new machinery would defeat the contractual bargain and cause injury not adequately compensable in damages. The termination clause was left for arbitration, so interim protection of the respondent's contractual rights was properly continued. Case-Laws Indian Laws Fri, 06 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282766