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2021 Supreme(Del) 282

RAJIV SAHAI ENDLAW, AMIT BANSAL
Arvind Medicare Private Limited – Appellant
Versus
Neeru Mehra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Biswajit Das and Ms. Anamika Sharma, Advs.
For the Respondent: Mr. Ashim Vachher, Adv.

JUDGMENT :

[VIA VIDEO CONFERENCING]

RAJIV SAHAI ENDLAW, J.

1. This appeal, under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC), impugns the order dated 23rd December, 2020 of the Commercial Court-02, Patiala House Court, New Delhi, of dismissal of application of the appellant/plaintiff under Order XXXIX Rules 1 and 2 of the CPC.

2. The appellant/plaintiff instituted the suit, from denial of interim relief wherein this appeal arises, pleading that (i) the appellant/plaintiff was engaged in the business of healthcare and medical facilities of the appellant/plaintiff were located at SCO - 1, 2 and 3, Sector 14, Gurugram and at SCO - 68-69, Sectors 55 and 56, Gurugram; (ii) the respondent/defendant approached the appellant/plaintiff and assured the appellant/plaintiff that she will provide reliable and interrupted professional healthcare and medical service, by serving at the appellant/plaintiff’s hospitals; (iii) the appellant/plaintiff, vide Service Contract dated 28th July, 2015, appointed/engaged the respondent/defendant, “on case-to-case basis” as a “Visiting Consultant -Obstetrics & Gynaecology”, with effe

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