VIJAYA MINERALS PRIVATE LIMITED Vs. BIKASH CHANDRA DEB

JUDGEMENT

(1.) The Plaintiff instituted the suit for specific performance of an Agreement dated 1st Oct. 1994. The Agreement is for sale and delivery expit mouth of the entire Manganese ore and Iron ore from the mine at Ingani Jharan Village in the district of Keonjhar, Orissa.

(2.) The aforesaid Agreement provides the price at which ores were to be sold by the defendant to the plaintiff and also records in Clause 6(a) that the plaintiff has already paid an advance amount of Rs. 15,00,000-00 to the Defendant, the receipt whereof the Defendant acknowledged in the said Clause, which was to be treated as advance against purchase and to be adjusted from out of the sale price payable by the plaintiff to the Defendant. Clause 12 of the said Agreement provides as follows: "First Party solemnly declares and agrees that he shall not sell or otherwise part with or dispose of any Manganese and Iron ore from the Mine and the Buyer shall be the sole and the only Buyer of all the Manganese and Iron ore from the Mine for and during the continuance of this Agreement."

(3.) Mr. Jayanta Mitra, the learned Advocate on behalf of the Plaintiff has submitted that the aforesaid Clause 12 of the Agreement contains a negative covenant whereby the Defendant agreed not to sell or otherwise part with or dispose of any Manganese and iron ore from the mine, and that the Plaintiff shall be the sole and only buyer of all the Manganese and iron ore for and during the continuance of the Agreement. By and under Clause 13 of the Agreement, rights have been given to the parties to specifically enforce the terms and obligations of the said Agreement.