Rajasthan High Court
M/S Bio Medical Care System ... vs Medical Superintendent And ... on 13 July, 2022
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Arbitration Application No. 39/2022
M/s Bio Medical Care System Incorporation, Through Its
Proprietor Shri Rahul Kanwat Having Its Registered Office At B-
85, Road No. 4, 22 Godown, Industrial Area, Jaipur (Rajasthan).
----Petitioner
Versus
Medical Superintendent And Ex-Officio, Member Secretary,
Rajasthan Medicare Relief Society, Sms Hospital, Jaipur.
----Respondent
For Petitioner(s) : Mr. Rakesh Kumar
For Respondent(s) :
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
13/07/2022
1. This Arbitration Application has been filed under Section 11
(5) of the Arbitration and Conciliation Act, 1996 for appointment
of sole arbitrator.
2. Notices were served on the respondent, but no one has put
in appearance on behalf of the respondent despite service.
3. It is contended by counsel for the applicant that two
agreements were entered into between the applicant and the non-
applicant on 15.05.2013 and 18.08.2015. In both the agreements,
there was arbitration clause. It is also contended that initially on
non-payment of the amount of medicines supplied to the
respondent, applicant filed a Civil Writ Petition bearing
No.11313/2021 which was disposed of by the High Court on
05.10.2021 giving liberty to the petitioner to avail remedy
available to him, including appointment of an arbitrator. It is also
(2 of 3) [ARBAP-39/2022]
contended that thereafter, notice was given to the non-applicant
on 03.12.2021, seeking appointment of an arbitrator.
4.. I have considered the contentions.
5. Clause 5 of the two contracts agreement dated 15.05.2013
and 18.08.2015 are pari materia which is reproduced here under
:-
"In case of any dispute between "the
Approved Supplier" and "The Society" the
matter will be solved by Principal SMS Medical
College and Controller of Attached Hospitals,
Jaipur as the ARBITRATOR and the decision of
the above ARBITRATOR will be acceptable to
both parties. All legal proceedings shall have to
be lodged in courts located in Jaipur or
honourable high court (Jaipur bench)."
6. Dispute with regard to payment of dues has arisen between
the parties and the High Court has given liberty to the applicant to
apply for appointment of an arbitrator. Inspite of notice on
03.12.2021, respondent has not agreed for appointment of an
arbitrator. Taking into account the fact that the dispute has arisen
between the parties and there is arbitration clause, this Court
deems it proper to allow the Arbitration Application.
7. Accordingly, Arbitration Application stands allowed.
8. This Court appoints Mr. Justice Deepak Maheshwari (Retd.)
Villa No.4, Manglam Arpan, Rampura Road, Muhana Mandi, Jaipur,
as an Arbitrator to decide the dispute.
9. The appointment of the sole arbitrator is subject to the
declarations being made under Section 12 of the Arbitration &
Conciliation Act, 1996 with respect to independence and
impartiality, and the ability to devote sufficient time to complete
the arbitration within the prescribed period.
(3 of 3) [ARBAP-39/2022]
10. The Arbitrator shall be entitled to lay down fees as provided
under Manual of Procedure for Alternative Disputes Resolution,
2009 as amended from time to time.
11. Registry is directed to intimate Mr. Justice Deepak
Maheshwari (Retd.) and obtain his formal consent.
(PANKAJ BHANDARI),J
ARTI SHARMA /15
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