High CourtsSingle Bench(2022) 04 DEL CK 0036

JCS Healthcare Pvt. Ltd. vs Medeor Hospital Limited

Delhi High Court · Decided on 8 April 2022

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Arbitration Petition No. 302 Of 2022

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Judgment

8 paragraphs · 176 words

SANJEEV SACHDEVA, J

1.

Petitioner seeks appointment of an Arbitrator under Section 11(6) of the Arbitration & Conciliation Act, 1996 in terms of the agreement dated 14.12.2018.  The arbitration clause stipulates reference to the dispute to a sole arbitrator.

2.

Learned counsel for respondent submits that without prejudice to their defence, they have no objection to appointment of a sole arbitrator.

3.

Since the parties are agreeable to reference of their disputes to arbitration, the petition is allowed.

4.

With the consent of the parties and without prejudice to their rights and contentions, Ms. Bimla Makin, retired District and Sessions Judge is appointed as the sole Arbitrator. The Arbitral tribunal shall entertain the claims and counter claims, if any, between the parties.

5.

The fees of the learned Arbitrator shall be as per the Fourth Schedule of the Arbitration and Conciliation Act, 1996.

6.

The Arbitrator shall furnish the requisite disclosure under section 12 of the Arbitration and Conciliation Act, 1996 within two weeks of entering reference.

7.

Petition is disposed of in the above terms.