No injunction to indirectly coerce performance of positive covenants – Delhi HC

Fashion Television India Pvt. Ltd. Vs FTV BVI (Delhi High Court)– The Court lays down important principle that an interim relief to enforce a negative covenant under a contract would be refused if the same would render a party to a contract idle unless it continues to perform the positive obligations under the contract.     It was held that mere existence of a negative covenant is enough to persuade a court to grant an interim injunction to enforce it. Under Section 14 (1) (c) SRA a contract which is in its nature determinable cannot be specifically enforced. Further under Section 41...