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march 2006

Supreme Court of India · 2006-03-22

Percept D'Markr (India) Pvt. Ltd vs Zaheer Khan & Anr

Citation / case number
AIR 2006 SUPREME COURT 3426
Court
Supreme Court of India
Petitioner
Percept D'Markr (India) Pvt. Ltd
Respondent
Zaheer Khan & Anr
Author
Ar. Lakshmanan
Bench
H.K. Sema, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court addressed the validity of the right of first refusal under clause 31(b) of an agreement between Percept D. Markr (India) Pvt. Ltd. and Zaheer Khan, determining its legality under Section 27 of the Indian Contract Act, 1872. The Court held that such a provision is not in restraint of trade and thus valid, overturning the High Court's dismissal of the arbitration petition. The judgment reinforces the principle that regulatory provisions in contracts do not necessarily contravene trade laws.

Percept D'Markr (India) Pvt. Ltd vs Zaheer Khan & Anr · Niyam