Shivangi Nursing Home vs The National Insurance Company ...
2023 Latest Caselaw 3737 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          REQUEST CASE No.121 of 2022
     ======================================================

Shivangi Nursing Home, Rep. through Smriti Sinha, Female, Aged about 43 years, W/o Dharmendra Kumar, Permanent R/o Vill- Desari, P.O. and P.S.- Desari, Dist.- Vaishali, Bihar at Present residing at Shivangi Nursing Home, Ram Prasad Chowk, Marai Road, Hajipur, District- Vaishali, Bihar- 844101

... ... Petitioner/s Versus

1. The National Insurance Company Ltd, 4th Floor, Sone Bhawan, B.C. Patel Marg, R- Block, Patna- 800001

2. Medi Assist India TPA Pvt. Ltd., # 47/1 "Shri Krishna Arcade", 1 st Main Road, 9th Cross, J.P. Nagar, 3rd Phase, Sarakki Industrial Lay Out, Banglore- 560078

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

For the Petitioner/s : Mr.Bipin Bihari, Advocate For the Respondent/s : Mr.Durgesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 16-08-2023

1. Heard learned counsel for the parties.

2. 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.

3. Petitioner and the respondent entered into an

agreement dated 20.04.2015 (Annexure-1). The said agreement

contains an arbitration clause as Clause-7 (b) of Article-16. The

petitioner wrote letter dated 12.02.2019, 15.01.2020 (Annexure-

3) and also issued legal notice dated 01.10.2022 (Annexure-4)

regarding non-payment of the amount due, but to no avail. Patna High Court REQ. CASE No.121 of 2022 dt.16-08-2023

4. It is pleaded that the respondents have not settled

the dispute till date and the dispute is of civil in nature.

5. Today, there is no dispute about-(a) the legality,

validity and binding effect of the written agreement entered

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

arbitration clause contained therein; (c) the existence of

dispute(s) arising there from; (d) the dispute arising out of the

agreement being civil in nature; (e) no legal impediment in the

adjudication of the dispute by the learned Arbitrator; (f) the

respondents having failed to settle the dispute.

6. In such circumstances, as agreed by the parties,

Hon'ble Mr. Justice Jayanandan Singh, a former Judge of the

Patna High Court, is appointed as learned Arbitrator to

adjudicate all disputes arising out of the agreement entered into

between the parties to the lis.

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

to be considered and decided by the learned Arbitrator.

8. The learned Arbitrator shall be entitled to fee as

per the schedule of the Act.

9. Since the dispute arises out of an agreement of

the year 2015, the hearing be expedited.

10. The issue of limitation, if any, is left open to be Patna High Court REQ. CASE No.121 of 2022 dt.16-08-2023

raised before the Arbitral Tribunal.

11. Joint Registrar (List) is directed to

communicate the order to the learned Arbitrator.

12. Learned counsel for the parties also undertake

to communicate the order to the learned Arbitrator.

13. The Arbitral Tribunal shall issue notice to the

respondents.

14. The Request Petition stands disposed of in the

above terms.

(K. Vinod Chandran, CJ) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          17.08.2023
Transmission Date