Back
JYOTI SINGH
Nayati Healthcare And Research Ncr Private Limited – Appellant
Versus
Vidya Sagar Kaushalya Devi Memorial Health Centre – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') seeking the following reliefs:
"a. Pass an interim order staying the effect of the Termination Letter dated 11.05.2023 until such time the disputes arising out of the Agreements are finally adjudicated by the Arbitral Tribunal to be constituted;
b. Pass an interim order restraining the Respondent, their employees, officers and agents from interfering in any manner with the Petitioner's performance of its services in terms of the AMC and of the Petitioner's possession of the Land;
c. Pass an interim order restraining the Respondent, their employees, officers and agents from alienating or creating any third-party rights on the Land situated at Institutional Area, Nehru Nagar, Lajpat Nagar, Delhi-110024 until such time the disputes arising out of the AMC are finally adjudicated by the Arbitral Tribunal so constituted;
d. Pass an interim order directing the Respondent to forthwith withdraw its bouncers/goons posted at the Land and permit the Petitioner to perform its services as provided under the Agreements;
e. Pass ad-int
The main legal point established is the recognition of urgency in interim relief and the direction for an expeditious hearing before the learned Arbitrator.
The central legal point established is the enforcement of the dispute resolution mechanism and the appointment of a sole arbitrator as per the Contract Agreement and the Arbitration and Conciliation ....
The Court's decision emphasized the importance of the Arbitral Tribunal in deciding interim relief under Section 17 of the Arbitration and Conciliation Act, 1996, and the need for expeditious resolut....
The issuance of a termination notice does not terminate the contract if the affected party invokes arbitration within the stipulated period as per the agreement's clause.
The main legal point established in the judgment is that an interim order under section 9 of the Arbitration and Conciliation Act, 1996 must continue to safeguard the interest of the claimant till th....
Section 9 of the Arbitration and Conciliation Act allows for interim measures to prevent dissipation of assets pending enforcement of arbitral awards, even before the actual enforcement process.
The court clarified that once an application for interim relief under Section 9 of the Arbitration Act is entertained, it can proceed despite the constitution of an Arbitral Tribunal, unless the reme....
The award holder can seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 until the complete satisfaction of the award.
Once an Arbitral Tribunal is constituted, Section 9 of the Arbitration Act prohibits further applications for interim relief unless the party shows that the remedy under Section 17 is ineffective.
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
