2006 (1) TMI 662

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....bitration and Conciliation Act, 1996. The petitioner was appointed as single point distributor by the Delhi Vidyut Board which is the predecessor-in-interest of the respondent (North Delhi Power Limited) (NDPL). The single point distribution connection number was K.39020161508 and pertained to Shardhanand Colony, Bhalswa Dairy, Delhi. 2. The present petition has been filed as the petitioner conte....

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....status quo ante as existing prior to 3.11.2004 be restored. 4. The learned counsel for the respondent submitted that such a petition would not lie inasmuch if an injunction is granted then it would virtually amount to specifically enforcing an agreement which has already been terminated. The additional terms and conditions of contract which were appended to the said agreement dated 08.10.2000 spe....

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.... be granted to prevent the breach of contract, the performance of which would not be specifically enforced. Clause (c) of Section 41 enumerates the nature of contracts, which could not be specifically enforced. Clause (c) to sub-Section (1) of Section 14 says that a contract which is in its nature determinable cannot be specifically enforced. Learned Single Judge thus was justified in saying that ....

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.... very nature of the agreement, which is private commercial transaction, the same could be terminated even without assigning any reason by serving a reasonable notice. At the most, in case ultimately it is found that termination was bad in law or contrary to the terms of the agreement or of any understanding between the parties or for any other reason, the remedy of the appellants would be to seek ....