Gurugram, November 20
Paving the way for construction of 400-bedded hospital by Apollo hospital in Gurugram. The Punjab and Haryana High Court on Monday dismissed the revision petition filed by Ujjagar Construction Private Limited.
The order would pave the way for a hospital project which Apollo was proposing to construct in Gurgaon and was held up due to the litigation initiated by Ujjagar Construction.
The company had filed a suit for specific performance on the basis of Memorandum of Understanding (MoU) with the 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 final decision of the present case.
Aggrieved to the trial court order, Apollo had approached the HC.
In its order released on Monday, the HC set aside the lower court order and recorded that the MoU which Ujjagar was relying upon shows 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 has not even invested a single penny nor even has possession of the same would not suffer irreparable loss vis-a-vis a person, i.e. Apollo, who had invested a huge amount of Rs 438 crores and was developing the land allotted by the government for development of healthcare. — TNS
Court: MoU not enforceable
The High Court observed that the MoU between Nayati Health Care and Research NCR and Ujjagar Construction had become non-enforceable and the person who had not even invested a single penny nor has the possession of the same would not suffer irreparable loss.
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