Jcs Healthcare Pvt. Ltd. vs Medeor Hospital Limited
2022 Latest Caselaw 1001 Del

                                      $~5
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                          Judgment delivered on: 8th April, 2022
                                      +      ARB.P. 302/2022
                                             JCS HEALTHCARE PVT. LTD.                              ..... Petitioner

                                                                 versus

                                             MEDEOR HOSPITAL LIMITED                            ..... Respondent

                                      Advocates who appeared in this case:
                                      For the Appellant:        Mr. Rajmangal Kumar, Advocate.
                                      For the Respondent:       Mr. Prateek Singh Chaudhary, Advocate.

                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA
                                                                    JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996 in terms of the agreement dated 14.12.2018. The arbitration clause stipulates reference to the dispute to a sole arbitrator.

2. Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator.

3. Since the parties are agreeable to reference of their disputes to

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:08.04.2022 Signing Date:10.04.2022 11:04:15 20:07 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

arbitration, the petition is allowed.

4. With the consent of the parties and without prejudice to their rights and contentions, Ms. Bimla Makin, retired District and Sessions Judge is appointed as the sole Arbitrator. The Arbitral tribunal shall entertain the claims and counter claims, if any, between the parties.

5. The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

6. The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7. Petition is disposed of in the above terms.

SANJEEV SACHDEVA, J APRIL 08, 2022 NA

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:08.04.2022 Signing Date:10.04.2022 11:04:15 20:07 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.