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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
| Table of Content |
|---|
| 1. introduction of petition and factual background. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments regarding the nature of the contract. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. counterarguments by the petitioner against the respondents' claims. (Para 19 , 20 , 21 , 22 , 23) |
| 4. court's observations regarding legal principles and context. (Para 24 , 26 , 27 , 28 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. analysis of the merits of the case and implications of the termination. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51) |
| 6. decision and order by the court. (Para 52 , 53 , 54 , 55) |
| 7. final conclusions and costs. (Para 56 , 57) |
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 disp
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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