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CHANDIGARH: The Punjab and Haryana high court on Monday cleared the construction of a hospital purchased by Apollo Hospital Limited in Gurgaon by dismissing a revision petition filed by Ujjagar Construction Private Limited.
The order would pave the way for a project of 400-bedded hospital which Apollo was proposing to construct in Gurgaon and was held up due to litigation.
Ujjagar had filed a suit for specific performance on the basis of memorandum of understanding (MoU) with previous owners Nayati Health Care and Research NCR Private Limited and in that, the trial court had granted stay from selling or alienating or creating any third-party interest and also to make any change/alternation in the suit property till a final decision.
Aggrieved by the trial court order, Apollo had approached HC.
In its detailed order released on Monday, the HC set aside the lower court order and recorded that the MoU which Ujjagar Construction Private Limited was relying upon showed that admittedly at the time of MoU, not a single penny was ever paid or invested. The court also observed that the MoU had become non-enforceable and the person who had not even invested a single penny nor even taken possession of the same would not suffer irreparable loss vis-a-vis a person, which is Apollo, who had invested Rs 438 crore and were developing the land allotted by the government for development of health care.
Sharing the details, the counsel representing Apollo Hospital, senior advocate Chetan Mittal, said the high court has also recorded that since the suit for specific performance was a discretionary remedy, for grant of temporary injunction a strong prima facie case is required and has categorically come to the conclusion that apart from three principles of injunction — prima facie case, balance of convenience and irreparable loss, even equity was also not in the favour of the plaintiff/petitioner.
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The order would pave the way for a project of 400-bedded hospital which Apollo was proposing to construct in Gurgaon and was held up due to litigation.
Ujjagar had filed a suit for specific performance on the basis of memorandum of understanding (MoU) with previous owners Nayati Health Care and Research NCR Private Limited and in that, the trial court had granted stay from selling or alienating or creating any third-party interest and also to make any change/alternation in the suit property till a final decision.
Aggrieved by the trial court order, Apollo had approached HC.
In its detailed order released on Monday, the HC set aside the lower court order and recorded that the MoU which Ujjagar Construction Private Limited was relying upon showed that admittedly at the time of MoU, not a single penny was ever paid or invested. The court also observed that the MoU had become non-enforceable and the person who had not even invested a single penny nor even taken possession of the same would not suffer irreparable loss vis-a-vis a person, which is Apollo, who had invested Rs 438 crore and were developing the land allotted by the government for development of health care.
Sharing the details, the counsel representing Apollo Hospital, senior advocate Chetan Mittal, said the high court has also recorded that since the suit for specific performance was a discretionary remedy, for grant of temporary injunction a strong prima facie case is required and has categorically come to the conclusion that apart from three principles of injunction — prima facie case, balance of convenience and irreparable loss, even equity was also not in the favour of the plaintiff/petitioner.
We also published the following articles recently
HC paves way for construction of 400-bed hospital by Apollo Hospitals in Gurgaon
The Punjab and Haryana High Court has cleared the construction of a hospital in Gurgaon by M/s Apollo Hospital Limited. The court dismissed a revision petition filed by M/s Ujjagar Construction Private Limited, which had initiated litigation to stop the project. The court found that the Memorandum of Understanding relied upon by M/s Ujjagar Construction showed that no payment or investment had been made. It concluded that the MoU was non-enforceable and that M/s Apollo, which had invested a substantial amount, should be allowed to proceed with the project.
The Punjab and Haryana High Court has cleared the construction of a hospital in Gurgaon by M/s Apollo Hospital Limited. The court dismissed a revision petition filed by M/s Ujjagar Construction Private Limited, which had initiated litigation to stop the project. The court found that the Memorandum of Understanding relied upon by M/s Ujjagar Construction showed that no payment or investment had been made. It concluded that the MoU was non-enforceable and that M/s Apollo, which had invested a substantial amount, should be allowed to proceed with the project.
Chief secretary ‘prima facie complicit’ in scam: Atishi report; he claims conspiracy
Delhi’s Vigilance Minister Atishi has submitted a report to Chief Minister Arvind Kejriwal accusing Chief Secretary Naresh Kumar of being involved in a land acquisition case that could result in a gain of Rs 897 crore ($118 million) for the landowners. Atishi has recommended the removal of both Naresh Kumar and Divisional Commissioner Ashwani Kumar to ensure a fair inquiry. Naresh Kumar has denied the allegations and claimed there is a conspiracy against him. The report is likely to exacerbate tensions between city government officials and the Aam Aadmi Party administration.
Delhi’s Vigilance Minister Atishi has submitted a report to Chief Minister Arvind Kejriwal accusing Chief Secretary Naresh Kumar of being involved in a land acquisition case that could result in a gain of Rs 897 crore ($118 million) for the landowners. Atishi has recommended the removal of both Naresh Kumar and Divisional Commissioner Ashwani Kumar to ensure a fair inquiry. Naresh Kumar has denied the allegations and claimed there is a conspiracy against him. The report is likely to exacerbate tensions between city government officials and the Aam Aadmi Party administration.
Pakistan high court issues stay order against jail trial of Imran Khan in cipher case
A Pakistan high court has issued a stay order against the jail trial of former prime minister Imran Khan in the cipher case. Khan, who is currently detained in Adiala jail, and his close aide Shah Mahmood Qureshi have pleaded not guilty to the charges. The Islamabad High Court (IHC) refused to grant a plea by the attorney general to fix the next hearing and ordered to stop the proceeding. This comes after the caretaker government approved the jail trial of Khan and Qureshi in the case based on an alleged violation of the Official Secrets Act.
A Pakistan high court has issued a stay order against the jail trial of former prime minister Imran Khan in the cipher case. Khan, who is currently detained in Adiala jail, and his close aide Shah Mahmood Qureshi have pleaded not guilty to the charges. The Islamabad High Court (IHC) refused to grant a plea by the attorney general to fix the next hearing and ordered to stop the proceeding. This comes after the caretaker government approved the jail trial of Khan and Qureshi in the case based on an alleged violation of the Official Secrets Act.
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