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2014 (2) TMI 1425 - HC - Indian LawsSeeking to restrain the Respondent from initiating any process of eviction/dispossession against the Petitioner from the said premises in possession and occupation of the Petitioner - also, seeking to restrain from going ahead with the process of calling for tenders vis-a-vis the said premises in possession and occupation of the Petitioner. HELD THAT:- In the case of Pioneer Publicity Corporation vs. Delhi Transport Corporation & Anr., [2003 (2) TMI 403 - HIGH COURT OF DELHI], this Court speaking through Hon'ble Mr. Vikramajit Sen, J. on the objections raised by the respondents therein under Section 34 of the Specific Relief Act coming into play in these types of cases has held Keeping in view the provisions of Order XXXIX Rule 2 it is no longer possible to contend that the Court does not possess power to prohibit or prevent the breach of contract. If this is possible in the realm of private contracts, it is an obligation in the realm of public enterprises. Furthermore, the provisions of Specific Relief Act relied upon by Ms. Singh are not attracted for the simple reason that the contract itself prohibits the claim of grant of compensation. Issue notice to the respondent, on filing of process fee and Regd. A.D. Covers within a week, returnable on 20th March, 2014.
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