Bapu Jan Kalyan Sansthan Hospital vs E. Meditek (T.P.A) Service ...
2021 Latest Caselaw 4155 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                           REQUEST CASE No.2 of 2021
     ======================================================

Bapu Jan Kalyan Sansthan Hospital, Rep. through its Secretary Gufran Khan, Male, aged about 57 years, S/o Subhan Khan, Plaza Complex, Line Bazar, P.S.-K. Hat, Purnea, District-Purnea.

... ... Petitioner/s Versus

1. E. Meditek (T.P.A) Service Limited, Plot No. 577, Udyog Vihar, Phase-5, Gurgaon, Haryana, India-122002 now known as E-Meditek Insurance Ltd. at Plot Shop No. 06, Khasra No. 1273, Pradhan Market, Old Delhi Gurgaon Road, Kapashera, Delhi-110037.

2. M/s Cholamandalam MS General Insurance Company, Dare House, 2nd Floor, No. 234, NSC Bose Road, Chennai-600001.

3. M/s ICICI Lombard General Insurance Company Ltd. 2nd Floor, Uma Complex, Dr. C.P. Thakur Building, Fraser Road, Patna-800001.

4. M/s United India Insurance Company Ltd., Divisional Office-1, 2nd Floor, Laxmi Apartment, Fraser Road, Patna-800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari, Advocate For the Respondent/s : Mr. Durgesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 18-08-2021

This application has been moved seeking

appointment of an Arbitrator invoking the powers of this Court

under Section 11(6) of the Arbitration and Conciliation Act,

1996.

With the objection raised by Shri Durgesh Kumar Patna High Court REQ. CASE No.2 of 2021 dt.18-08-2021

Singh, Advocate, of maintainability of the petition against

Respondent No. 2 namely M/s Cholamandalam MS General

Insurance Company, Dare House, 2nd Floor, No.- 234, NSC

Bose Road, Chennai- 600001; Respondent No. 3 namely M/s

ICICI Lombard General Insurance Company Ltd., 2nd Floor,

Uma Complex, Dr. C.P. Thakur Building, Fraser Road, Patna-

800001, and Respondent No. 4 namely M/s United India

Insurance Company Ltd., Divisional Office- 1, 2nd Floor,

Laxmi Apartment, Fraser Road, Patna- 800001, Shri Bipin

Bihari, learned counsel for the petitioner prays for deleting the

said respondents from the array of parties.

Prayer accepted and allowed.

Accordingly, name of Respondent No. 2 namely

M/s Cholamandalam MS General Insurance Company, Dare

House, 2nd Floor, No.- 234, NSC Bose Road, Chennai- 600001;

Respondent No. 3 namely M/s ICICI Lombard General

Insurance Company Ltd., 2nd Floor, Uma Complex, Dr. C.P.

Thakur Building, Fraser Road, Patna- 800001, and Respondent

No. 4 namely M/s United India Insurance Company Ltd.,

Divisional Office- 1, 2nd Floor, Laxmi Apartment, Fraser Road,

Patna- 800001, be deleted from the array of parties.

Registry to make necessary correction in the cause Patna High Court REQ. CASE No.2 of 2021 dt.18-08-2021

title, both on the digital as also the physical file.

In so far as Respondent No.1, namely, E.Meditek

(T.P.A.) Service Limited, Plot No.- 577, Udyog Vihar, Phase-5,

Gurgaon, Haryana, India- 122002 now known as E-Meditek

Insurance Ltd. at Plot Shop no. 06, Khasra no. 1273, Pradhan

Market, Old Delhi Gurgaon Road, Kapashera, Delhi- 110037 is

concerned, from the service-report it is clear that Respondent

No. 1 refused to accept the notices sent through the process

serving agency. Also, notices sent through Registered Cover

with A/D stand returned unserved. As such, Respondent No. 1

is proceeded ex parte.

Learned counsel invites attention of this Court to

Article 15 of the Agreement dated 4.4.2011 (Annexure-1)

entered into between the petitioner and Private Respondent No.

1, namely, E.Meditek (T.P.A.) Service Limited, Plot No.- 577,

Udyog Vihar, Phase-5, Gurgaon, Haryana, India- 122002 now

known as E-Meditek Insurance Ltd. at Plot Shop no. 06,

Khasra no. 1273, Pradhan Market, Old Delhi Gurgaon Road,

Kapashera, Delhi- 110037. Notice invoking the arbitration

clause with respect to the disputes arisen out of the said

agreement was also issued to Respondent No. 1 which was not

only duly received but also responded through a counsel. Such Patna High Court REQ. CASE No.2 of 2021 dt.18-08-2021

notice (undated) (Annexure-2) was responded to vide response

dated 3rd of October, 2019, to which petitioner through his

counsel vide legal notice dated 28th of November, 2019

(Annexure-3) again responded, seeking initiation of process of

settlement within 15 days. As per the averments made in the

petition, despite the same, this process was not initiated. Also

Arbitrator was not appointed.

As such, there is no legal impediment for this

Court in entertaining the present petition and allowing the

same.

There is no dispute about-(a) the legality, validity

and binding effect of the agreement dated 4th of April, 2011

entered into between the parties to the lis; (b) the existence of

arbitration clause contained in the written agreement;(c) the

existence of dispute(s) arising there from; (d) the petitioner

having put the party to notice of its intent seeking arbitration

under the agreement.

Hence, this Court is inclined to allow the petition

by appointing an arbitrator.

As such, as jointly prayed for, Shri Manoj Shankar

(District & Sessions Judge, Retired) is appointed as learned

Arbitrator to adjudicate all disputes arising out of agreement Patna High Court REQ. CASE No.2 of 2021 dt.18-08-2021

dated 4th of April, 2011 entered into between the parties to the

lis.

All pleas and issues raised, on merits, are left open

to be considered and decided by the learned Arbitrator.

Learned Arbitrator shall be entitled to fees as per

the provision of the Arbitration Act.

Since the dispute arises out of an agreement of the

year 2011, the hearing be expedited.

Parties undertake to fully cooperate and not take

any unnecessary adjournment.

The proceedings, during the time of current

Pandemic- Covid-19 shall be conducted through digital mode,

unless the parties otherwise mutually agree to meet in person

i.e. physical mode.

It is expected of the learned Arbitrator to

adjudicate the disputes expeditiously.

Joint Registrar (List) is directed to communicate

the order to the learned Arbitrator.

Learned counsel for the parties also undertake to

communicate the order to the learned Arbitrator. In fact, they

volunteered to appear before him, through digital mode on 13 th

of September, 2021 and apprise him of the passing of the order. Patna High Court REQ. CASE No.2 of 2021 dt.18-08-2021

Parties shall file their statement of claims before

the learned Arbitrator on such date of hearing which he may

fix, as per mutual convenience.

The Request Petition stands disposed of in the

above terms.

Interlocutory Application(s), if any, shall stand

disposed of.

                                                    (Sanjay Karol, CJ)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date          21.08.2021
Transmission Date