Specific Relief Act

National Highways Authority of India vs. HK Toll Road Pvt. Ltd. [2025 SCC OnLine Del 2376]

No injunction can be granted when the contract is determinable in nature

96. In view of the settled law and for the reasons recorded above, I have no hesitation to hold that the Agreement in question is a determinable contract and thus, the specific performance of the Agreement cannot be enforced and by virtue of bar created by section 41(e) of SRA, no injunction can be granted by staying the termination notice as the same amounts to enforcement of the Agreement which already stood terminated. Even if the termination of the Agreement is found to be illegal, the only remedy available to the respondent is to seek compensation and damages and not specific performance of the Agreement.

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