Back
RAJIV SAHAI ENDLAW, AMIT BANSAL
Arvind Medicare Private Limited – Appellant
Versus
Neeru Mehra – Respondent
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
Termination of service - Respondent/defendant stopped reporting for work/duty and which as aforesaid would amount to termination of Service Contract by respondent/defendant - Not open to the appellan....
The court held that a contract of personal service is not specifically enforceable, and restrictions on trade after termination violate Section 27 of the Indian Contract Act.
A contract that is inherently terminable does not prevent the enforcement of specific performance claims if the termination is contested as being unjust or improper.
Post-service restrictive covenants are prima facie void and unenforceable under Section 27 of the Contract Act, 1872, unless they fall within one of the exceptions specified in the statute.
A determinable contract, such as an insurance contract subject to renewal, cannot be specifically enforced under Section 14 of the Specific Relief Act, and no injunction can be granted to prevent its....
A contract with specific termination conditions is not inherently determinable under Section 14 of the Specific Relief Act, allowing for interim relief to maintain status quo pending arbitration.
Non-compete clauses are valid during the term of an agreement but become void post-termination under Section 27 of the Indian Contract Act, 1872.
The case established the importance of protecting trade secrets and confidential information, upheld the validity of non-compete clauses under Section 27 of the Indian Contract Act, and emphasized th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
