Life Line Hospital And Research ... vs The Employees State Insurance ...
2021 Latest Caselaw 809 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                      REQUEST CASE No.41 of 2020
======================================================

Life line Hospital and Research Centre, Rep. through Hemant Kumar, Make Aged about 42 years, S/o Shri Niranjan Prasad Singh, at Nipania, Main road, Ward no. - 01, P.S.- Begusarai, Dist- Begusarai, Barauni, Bihar.

... ... Petitioner/s Versus The Employees State Insurance Corporation, Through state medical commissioner, Regional office, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna - 800001.

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

For the Petitioner/s : Mr. Bipin Bihari, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 10-02-2021

As per office report dated 9th of February, 2021,

respondent stands served.

Despite repeated calls, none has entered appearance

on behalf of the respondent.

As such, this Court proceeds ex parte.

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.

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

binding effect of the agreement dated 14.06.2017 entered into

between the parties to the lis [Annexure-1]; (b) the existence of

arbitration clause contained therein; (c) the existence of Patna High Court REQ. CASE No.41 of 2020 dt.10-02-2021

dispute(s) arising there from.

As such, the present petition stands disposed of in the

following terms:

(a) Shri Bidu Bhushan Pathak, (Retired District

Judge) is hereby appointed as arbitrator to adjudicate the dispute

inter se the parties emanating out of the agreement dated

14.06.2017 (Annexure-1) executed between the petitioner and

the respondent;

(b) the proceedings, shall be conducted through the

mode of video conferencing;

(c) parties are directed to appear before the learned

Arbitrator on 1st of March, 2021 through virtual or physical

mode.

(d) during the period of current Pandemic Covid-19,

subject to the convenience, arbitral proceeding can commence

and conclude using facility of video conferencing/other

electronic mode.

(e) parties shall fully co-operate and not take any

unnecessary adjournment;

(f) parties are directed to apprise the learned

Arbitrator of the passing of the order;

(g) this Court is hopeful that the dispute shall be Patna High Court REQ. CASE No.41 of 2020 dt.10-02-2021

adjudicated at the earliest;

(h) learned Arbitrator shall be entitled to fee as per the

prescribed schedule;

(i) learned Registrar General shall ensure that a copy

of this order is made available to the learned Arbitrator;

(j) parties shall file their statement of claim before the

learned Arbitrator on such date of hearing which he may fix, as

per mutual convenience;

(k) no order as to costs;

The present petition stands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ) Amrendra/P.K.P AFR/NAFR CAV DATE Uploading Date 12.02.2021 Transmission Date