Patna High Court
Bapu Jan Kalyan Sansthan Hospital vs E. Meditek (T.P.A) Service ... on 30 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
REQUEST CASE No.2 of 2021
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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
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.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bipin Bihari, Advocate
For the Respondent/s : Mr. Durgesh Kumar Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL JUDGMENT
Date : 30-03-2022
Vide order dated 15.09.2021, the dispute inter se
the parties were referred for arbitration with the appointment of
Shri Bidhu Bhushan Pathak, District and Sessions Judge
(Retired), as an Arbitrator. The learned Arbitrator has expressed
his inability to adjudicate the disputes in view of his
appointment as the President of the District Consumer
Commission, Patna.
In view of the same, with the consent of the
parties, the dispute inter se the parties arising out of the
Agreement dated 04.04.2011 is referred to the arbitration of
Patna High Court REQ. CASE No.2 of 2021 dt.30-03-2022
Hon'ble Mr. Justice Shailesh Kumar Sinha, a former Judge of
this Court.
Accordingly, with the consent of the parties,
Hon'ble Mr. Justice Shailesh Kumar Sinha, a former Judge of
this Court, is appointed as learned Arbitrator to adjudicate all
disputes arising out of agreement dated 04.04.2011 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 fee as per
the 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.
It is expected of the learned Arbitrator to decide
the issues 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 on 25th
Patna High Court REQ. CASE No.2 of 2021 dt.30-03-2022
April, 2022 and apprise him of the passing of the order.
Parties shall file their statement of claims before
the learned Arbitrator on such date of hearing which he may fix,
as per mutual convenience.
Interlocutory Application(s), if any, shall stand
disposed of.
(Sanjay Karol, CJ)
Sujit/Ashwini
AFR/NAFR
CAV DATE
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