AIROnline 2020 Del 844

Delhi High Court

Hon'ble Judge(s): Jyoti Singh , J

Arbitration and Conciliation Act (26 of 1996) , S.9— Interim injunction - E-tender for licensing of commercial space/area on different floors/levels at New Delhi Metro Station - Petitioner seeking direction to respondent to handover licensed area on 'as is where is basis' - License Agreements between parties were by their very nature determinable - Clause 12.1 of License Agreements gives a right to Petitioner to surrender or terminate Agreement - Clause 12.3 gives same right to respondent - In view of S.14(1)(c) r/w S.41(e) of Specific Relief Act, grant of injunction as sought by petitioner is statutorily prohibited - Contentions of parties touching upon merits of claims including alleged breaches and invoices towards License Fee, as well as interpretation of term 'as is where is basis' will be decided by Arbitral Tribunal. Specific Relief Act (47 of 1963) , S.14(1), S.41(h), S.10— (Para 48 56 57) .....