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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Mahajan Imaging Pvt Ltd. – Appellant
Versus
Pushpawati Singhania Research Institute – Respondent
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 wi
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 determination of the Lease Agreement's nature and the establishment of a prima facie case for restraining the respondent from acting on the Termination Notice were central legal points in the jud....
Absence of specific clause authorising and enabling either party to terminate the agreement in the event of happening of the events specified therein, from the very nature of agreement, which is priv....
Concession Agreement - Termination/Suspension Notice - Article 36, it is required to mandatorily await lapse of 180 days before termination can occur or that once suspension has been invoked, termina....
The court established that termination rights under a Concession Agreement are active concurrently with suspension rights, allowing for termination upon failure to cure defaults without requiring a w....
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