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Agreement restraining the particular act

(Querist) 06 April 2012 This query is : Resolved 
my client is a pharmacist and he has been running a hospital and he was hired a Doctor in his hospital. And the Doctor now exit from my client's hospital and while exit, my client and Doctor have entered into a mutual agreement, wherein there is a condition that in future, my client will not hire any other Doctor with the same qualification or specialist in the same premises where the present hospital situated.

whether this agreement with the above condition is void, in future whether my client will have an option to challenge the said condition.
Raj Kumar Makkad (Expert) 06 April 2012
Can you tell why your client didn't use his mind while agreeing to this nonsense term?

I think the appointing authority in the hospital might be a managing committee so the absurd agreement even if entered between your client and that doctor is not binding upon the committee/hospital.

The agreement is void as no agreement can be against a public policy.
Deepak Nair (Expert) 06 April 2012
Sec.27 of contrat act.:- Any agreement in restraint of trade and practice is void.

Here the agreement is in restraint of trade and practice and also against public policy.
ajay sethi (Expert) 06 April 2012
agree with experts
Nadeem Qureshi (Expert) 06 April 2012
agree with experts
Shonee Kapoor (Expert) 07 April 2012
Agree with experts, this condition is void.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor (Expert) 07 April 2012
Agree with experts, this condition is void.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 07 April 2012
Since the restriction imposed is absolute it is void.
VANGARI GANGA RAJAM (Querist) 07 April 2012
thank you sirs for your replies.

could you tell what will be the approach with regard to the said void agreement ?

what will be the steps to be taken by my client to cancel the said agreement ?
Deepak Nair (Expert) 10 April 2012
You need not cancel the agreement since it is not at all an agreement in the eyes of law.

Just carry on your works and appoint another doctor.
prabhakar singh (Expert) 10 April 2012
Let the doctor go to the court.you keep mum on agreement.
VANGARI GANGA RAJAM (Querist) 11 April 2012
thank you sirs for your replies


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