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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
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 24.09.2013, the appellants entered into a license deed with the respondent for operating a 24-hour pharmacy within the hospital premises, the arrangement was subsequently renewed in the years 2014, 2015 and on 24.09.2016. By the last renewal, the respondent was granted a five year license to operate the chemist shop with certain conditions regarding continuation and termination. It is indicated that the Hospital Management Committee of the appellants in its meeting dated 09.02.2022 decided against granting any further extension to the respondent and resolved to initiate new tender process for 24-hour pharmacy. The resolution was a
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