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HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSALI, CJ., KSHITIJ SHAILENDRA
Banaras Hindu University, Varanasi through its Registrar – Appellant
Versus
Umang Cure Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the commercial court in eviction matters. (Para 1 , 2 , 3 , 4 , 5) |
| 2. application for interim relief under section 9. (Para 6 , 7) |
| 3. arguments regarding the validity of the commercial court's injunction. (Para 8 , 9 , 10 , 11 , 12) |
| 4. discussion of the arbitration clause and its relevance post contract termination. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. principles around arbitration agreements surviving contract expiry. (Para 23 , 24 , 25) |
| 6. critical analysis of the commercial court's judgment. (Para 26 , 27 , 28) |
| 7. conclusion and directions for remand to the commercial court. (Para 30 , 31) |
JUDGMENT :
Arun Bhansali, CJ.
1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act of 1996’) is directed against order dated 12.06.2025 passed by Commercial Court, Varanasi, whereby application filed by respondent under Section 9 of the Act of 1996 has been allowed and the appellants have been restrained not to evict the respondent from the property in dispute (indicated in the license deed) and not to take anycoercive measures.
2. The appellants-University manages and operates Sir Sunderlal Hospital within its campus. On
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