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.

JUDGMENT :

HARISH VAIDYANATHAN SHANKAR, J.

1. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 A&C Act, seeking the following reliefs:

“…..

A. Grant an ad-interim injunction on the operation and effect of the Termination Notice dated 02.01.2026 issued by the Respondents, and restrain the Respondents from giving effect to the same or terminating the Radiology Services Agreement dated 02.05.2016 (as amended) in any manner pending final adjudication of the disputes through arbitration;

B. Direct the parties to maintain status quo with respect to the operation, management, and functioning of the Radiology Department at the Respondent No. 1 Hospital under the Agreement, including uninterrupted access and services by the Petitioner;

C. Grant a prohibitory ad-interim injunction restraining the Respondents, their agents, assigns, or any persons claiming through them, from creating any third-party rights or interests in the Radiology Department, premises, equipment, or services covered under the Agreement;

D. Grant a prohibitory ad-interim injunction restraining the Respondents from installing any radiology equipment, or rendering such services within the premises covered under the Agreement;

E. Direct the Respondents to make the payments to the Petitioner as per the timeline agreed in the Agreement in a transparent and timely manner.

F. Restrain the Respondents from transferring, removing, alienating, or otherwise dealing with any machinery, equipment, or assets installed and operated by the Petitioner in the Radiology Department at the Respondent No. 1 Hospital.

G. Grant any other order(s) that this Hon’ble Court deems fit and proper.”

BRIEF FACTS:

2. The Petitioner is a company duly incorporated in India under the Companies Act, 1956, having its registered office at K-18 Hauz Khas Enclave, New Delhi, India. Respondent No. 1 is a company engaged in the healthcare sector, having its registered office at 3, Bahadur Shah Zafar Marg, Link House, New Delhi. Respondent No. 2 1 A&C Act is the Chief Executive Officer of Respondent No.1.

3. On 02.05.2016, the Petitioner and Respondent No.1 executed a Radiology Services Agreement, Agreement for a period of fifteen (15) years, whereunder the Petitioner was entrusted with the responsibility of establishing, managing and operating the Radiology Department at the hospital premises of Respondent No.1 and was required, inter alia, to render radiology services in a competent and uninterrupted manner in compliance with applicable laws, to ensure that the equipment installed met the prescribed standards, and to obtain and maintain the requisite statutory permits and licences.

4. The Agreement was to remain in force until 02.05.2031, subject to termination in accordance with Clause 10 thereof. Clause 10 provides for termination in specified contingencies, including termination on account of a material breach, subject to issuance of written notice and the grant of a cure period of forty-five (45) days. Clause 13 of the Agreement contains the dispute resolution mechanism, requiring the parties to first attempt resolution through mutual discussions and, failing such resolution, to refer the disputes to arbitration.

5. It is stated that after such an arrangement had been continuing for several