Centre For Digestive And Kidney ... vs Dr. Shailesh Kamkhedkar
2022 Latest Caselaw 12284 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
                      IN IT'S COMMERCIAL DIVISION
           COMMERCIAL ARBITRATION APPLICATION
                     NO. 197 of 2022


Centre for Digestive and Kidney Diseases .. Petitioner
(India) Pvt.Ltd
                            Versus
Dr.Shailesh Kamkhedkar                         .. Respondent
                                           ...

Mr. Rahul Jain with Ms.Mahafrin Mehta i/b HSA Advocates for
the applicant.
Mr. Meghnath Navlani for the respondent.

                            CORAM: BHARATI DANGRE, J.

DATED : 28th NOVEMBER, 2022 P.C:-

1 In case of Intercontinental Hotels Group Vs. Waterline Hotels Pvt.Ltd (2022) 7 SCC 662 , while referring the issue as to whether an arbitration clause contained in an insufficiently stamped agreement, shall be construed as a valid and existing arbitration clause, the matter is referred to a larger Bench. I am guided by the observations in para-25 of the said judgment which has recorded as under :-

Tilak





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"25.Although we agree that there is a need to constitute a larger Bench to settle the jurisprudence, we are also cognizant of time-sensitivity when dealing with arbitration issues. All these matters are still at a pre- appointment stage, and we cannot leave them hanging until the larger Bench settles the issue. In view of the same, this Court until the larger Bench decides on the interplay between Sections 11(6) and 16 should ensure that arbitrations are carried on, unless the issue before the Court patently indicates existence of deadwood."

2 However, the learned counsel for the respondent submit that the reference is listed before the Hon'ble Apex Court on 6/12/2022. Hence, he request the matter to be scheduled for hearing thereafter.

List on 8/12/2022.

( SMT. BHARATI DANGRE, J.)

Tilak