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RAJIV SAHAI ENDLAW, AMIT BANSAL
Frigorifico Allana Private Limited – Appellant
Versus
East Delhi Municipal Corporation – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - CMS No.7613/2021 & 7614/2021 in FAO(OS)(COMM) 34/2021 & CMs No.7616/2021 & 7617/2021 in FAO(OS)(COMM) 35/2021 (all for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The applications are disposed of.
FAO(OS) (COMM) 34/2021 & CM No.7612/2021 (for ad-interim relief) & FAO(OS) (COMM) 35/2021 & CM No.7615/2021 (for ad-interim relief)
3. The appeals impugn the common order dated 16th February, 2021 of the Commercial Division of this Court in O.M.P.(I)(COMM) No.60/2021 and O.M.P.(I)(COMM) No.61/2021, both preferred by the appellant, under Section 9 of the Arbitration and Conciliation Act, 1996, with respect to arbitration clause in the License Agreement dated 4th August, 2009 and Lease Agreement dated 13th August, 2010 between the appellant and the respondent East Delhi Municipal Corporation (EDMC). The appellant, vide the said applications under Section 9 of the Arbitration Act sought interim measure of restraining the respondent EDMC from acting upon its letter/office order dated 2nd February, 2021 directing the appellant to vacate "the subject premises" by 18th February, 2021. Vide the impugned order, the Commercial Divisio
The main legal point established in the judgment is that the rights and obligations of the parties under the agreements, as well as the principles of law regulating the grant or refusal of interim or....
The main legal point established is that Section 9 proceedings are for grant/non-grant of interim measures, not for adjudicating disputed facts, and the principles of granting interim measures should....
The main legal point established in the judgment is the need for proper intimation of the transfer date and the extension of the completion date for the divestment process.
The court ruled that a retrospective transfer date in a lease agreement is invalid, confirming the necessity for timely notices regarding lease terminations and transfers.
Arbitration clauses may survive contract expiration if parties show conduct indicative of ongoing agreement; proper prerequisites for injunction must be adhered to for issuing orders under the Arbitr....
Principle of minimum judicial intervention is one of fundamental tenets of arbitration law.
The court held that an appellate court can modify an arbitral tribunal's interim order if the appellant demonstrates a prima facie case, balance of convenience, and irreparable harm, while also clari....
A party cannot claim interim relief under Section 9 of the Arbitration Act if it failed to fulfill its contractual obligations, particularly regarding rental payments.
The court determined that the contract was determinable and could not be specifically enforced, and that NIHPL did not establish a prima facie case for grant of interim relief.
In a contract for sale of immovable property, normally it is presumed that time is not the essence of the contract. Even if there is an express stipulation to that effect, the said presumption can be....
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