Supreme Court of India

Hardesh Ores Pvt. Ltd. v. M/s Hede & Co.

Neutral citation
Reported as [2007] 6 S.C.R. 608
Decided 15 May 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the respondent is right in contending that enforcement of the negative covenants presupposes the existence of a subsisting agreement.

Judgment, page 21

From the headnote

Code of Civil Procedure, 1908: Order II Rule 2; Order VII Rule 11 (d)­ limitation Act, I 963 : Articles 54, 58 & I/ 3-Agreements entered into by Jessee with lessor for extraction of ore during lease period-Exercise of option of renewal of lease by the Jessee was rejected by the lessor-Suit for perpetual injunction filed by the lessee before trial court to restrain the lessor from carrying on the work of extraction by asserting its exclusive right under the renewed agreement-Lessor filing an application before the trial court contending that the suit is for specific performance of the lease

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