https://www.taxtmi.com/caselaws?id=290775 A Section 9 petition seeking to restrain termination of a software licence agreement was analysed on the basis that the contract was determinable on notice for breach. The stated legal position is that a determinable commercial contract is not ordinarily specifically enforceable, and interim injunction cannot be granted to prevent its termination when damages are an adequate remedy. The commentary also notes that termination of the agreement did not by itself make the Section 9 petition infructuous, but interim protection still depended on the enforceability of the underlying contract. The merits of the alleged breach were left to the arbitral forum. en-us Mon, 29 Jun 2015 00:00:00 +0530 Thu, 15 Oct 2020 12:20:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290775 A Section 9 petition seeking to restrain termination of a software licence agreement was analysed on the basis that the contract was determinable on notice for breach. The stated legal position is that a determinable commercial contract is not ordinarily specifically enforceable, and interim injunction cannot be granted to prevent its termination when damages are an adequate remedy. The commentary also notes that termination of the agreement did not by itself make the Section 9 petition infructuous, but interim protection still depended on the enforceability of the underlying contract. The merits of the alleged breach were left to the arbitral forum. Case-Laws Indian Laws Mon, 29 Jun 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290775