(1.) THESE two appeals were heard finally at the stage of admission by the consent of the learned Advocate General and the learned senior counsel appearing for the parties and as both the appeals arise out of common judgment dated 10th december, 2003 passed by the learned single Judge, we are disposing of these appeals by this common order.
(2.) WE may also notice at the outset that though by the impugned order the learned judge has granted an ad-interim relief in the arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, "the Act of 1996"), when the matter came up before us on 17th December 2003, the learned Advocate General and the learned senior counsel appearing for the parties agreed that by the impugned order the arbitration petition itself may be deemed to have been finally disposed of. In our order dated 17th December we also noted the statement of the learned senior counsel for the appellant in appeal No. 1109/2003 that the appellant did not intend to file any reply affidavit to the arbitration petition filed by the first respondent and that the appeal may be heard finally on the basis of the pleadings set out in the arbitration petition.
(3.) HAVING heard the learned senior counsel and the learned Advocate General at quite some length, in our considered view the matter turns on a short question. The question is : whether the covenant in clause 31 (b) of the agreement dated 1-11-2003, after the completion of the contract, is in the restraint of trade and, therefore, void under Section 27 of the Contract Act, 1872. Clause 31 of the agreement provides thus :
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN