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YASHWANT VARMA
Ksheeraabd Construction Pvt. Ltd. – Appellant
Versus
National Highways And Infrastructure Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. petition filed seeking reliefs regarding contract termination. (Para 1 , 2 , 3) |
| 2. discusses details of contract execution and obligations. (Para 4 , 5 , 6) |
| 3. identifies issues raised by the termination notice. (Para 7) |
| 4. examines arguments relating to contract as determinable or not. (Para 9 , 10 , 11) |
| 5. outlines court’s decisions and reasoning regarding jurisdiction and relief. (Para 12 , 13 , 14) |
| 6. an overview of the principles under the specific relief act. (Para 15) |
| 7. final conclusions on the merits of petitioner’s arguments and claims. (Para 17 , 18 , 19) |
| 8. clarification of the court's dismissal of the petition. (Para 20 , 21 , 22) |
ORDER
1. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 [The Act] has been preferred seeking the following reliefs:
"a. Grant ad interim stay on the effect and operation of the Termination Notice dated 17.04.2023 issued by Respondent No. 1, with respect to the Contract "Construction of two-lane with hard shoulder of Changtongya-Longleng Road on EPC basis from existing Km.16.530 to Km 29.530 (Design Km. 18,779 to Km. 33.428, Design length 14.649 Kms.) in the State of Nagaland (Pkg-2) under NH (O) Plan";
b
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.
A contract that is determinable in nature cannot be specifically enforced, and no injunction against termination and enforcement of the contract can be issued.
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 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....
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