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C. HARI SHANKAR
Gaurav Enterprises – Appellant
Versus
Indian Council Of Agricultural Research – Respondent
JUDGMENT
1. This petition, under Section 9 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act") seeks pre-arbitral interim reliefs.
Facts
2. On 25th March, 2020 a notice, inviting tenders, was circulated by Respondent No.1, for providing of Human Resource Outsourcing Services for 10 months and 30 days. The petitioner was the successful bidder and, consequent thereon, the contract was awarded to the petitioner on 23rd June, 2020, to provide 76 Data Entry Operators and 90 Multi-Tasking Staff for the period from 1st July, 2020 to 30th May, 2021. The petitioner accepted the award of the contract and, as per the recitals in the petition, provided the requisite services by way of supply of staff.
3. The petition raises a grievance regarding the respondent having required the petitioner to furnish performance bank guarantees which, according to the petition, were not contemplated in the contract between the parties. That aspect, however, does not seriously impact these proceedings, or the relief sought herein. Accordingly, I do not propose to travel down that path.
4. We may now proceed directly to 6th October, 2020, when the respondent addressed a communication to the petitioner, in
The termination of the contract was found to be in accordance with the terms and conditions of the contract, and no relief could be granted under Section 9 of the Arbitration and Conciliation Act, 19....
The main legal point established in the judgment is that the conclusion of a contract can occur upon the award of work, and non-compliance with tender and contract terms can justify contract terminat....
The main legal point established in the judgment is that in the case of a determinable contract, no injunction against termination and enforcement of the contract can be issued.
A contract that is determinable in nature cannot be specifically enforced, and no injunction against termination and enforcement of the contract can be issued.
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.
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