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“Once, by virtue of the Memorandum of Family Settlement, the respective shares of the family members were identified, the Builders’ Agreement, which is essentially an agreement to construct the building, will not result in its modification or novation.”
The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.
A news report published on 17-6-2025, highlighted that PGIMER had been facing severe shortage of hospital attendants and nursing staff, thereby which forcing relatives of patients to step in as caretakers, resulting in overcrowding and compromise in service.
The Court noted that the report of Administrative Judge with regard to work and conduct of the petitioner was also without granting him an opportunity of being heard.
“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”
It appears that the grievance of noise pollution is a continuous one and will have to be monitored from micro to macro level by the authorities concerned including executive authorities under the State of Haryana.