Delhi High Court - Orders
M/S Aakash Healthcare Private Limited vs M/S Religare Health Insurance Company ... on 10 October, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 574/2023
M/S AAKASH HEALTHCARE PRIVATE LIMITED
..... Petitioner
Through: Mr.Kshitij Aggarwal, Advocate.
versus
M/S RELIGARE HEALTH INSURANCE COMPANY LIMITED
..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 10.10.2023
1. This petition is filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act for appointment of an arbitrator to adjudicate the disputes between the parties.
2. It is submitted by the learned counsel for the petitioner a Service Agreement dated 22.12.2017 was executed between the parties which contains an arbitration clause viz. Article 16.11 which read as under:
"11. Law and Arbitration i. The provisions of this Agreement shall be governed by, and construed in accordance with Indian law.
ii. Any dispute, controversy or claims arising out of or in relation to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance I with the provisions of the [Indian] Arbitration and Conciliation Act, 1996 including any statutory modification(s) or re- enactment thereof for the time being in force.
iii. The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by each Party and one another arbitrator appointed by the mutual consent of the, arbitrators so appointed. iv. The place of arbitration shall be Delhi and any award whether interim or final, shall be made, and shall be deemed for all purposes between the parties to be made, in Delhi.
v. The arbitral procedure shall be conducted in the English language and any award or if awards shall be rendered in English. The procedural law of the arbitration shall be Indian law.
vi. The award of the arbitrator shall be final and conclusive and binding upon the Parties, and the Parties shall be entitled (but not obliged) to enter This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 01:14:55 judgment thereon in any one or more of the highest courts having jurisdiction. vii. The rights and obligations of the Parties under, or pursuant to, this Clause including, the arbitration agreement in this Clause, shall be governed by and subject to Indian law.
viii. The arbitrator shall be appointed by mutual consent of the party and the expenses shall be borne by the party who seeks the reference to the arbitrator."
3. Vide the said service agreement dated 22.12.2017 the petitioner was to extend medical facilities and treatment to the members covered under the healthcare management plans offered by the respondent. It is the submission of the learned counsel for the petitioner, the respondent withheld an amount of Rs.19,81,917/- due and outstanding towards the petitioner in March, 2020. The petitioner then issued a notice dated 10.12.2020 invoking arbitration clause with regard to the said amount along with 18% interest per annum. However, the respondent denied its liability.
4. The learned counsel for the respondent appeared on 07.07.2023 and four weeks time was given to him to file reply, which has not been filed as yet. Even none appeared on behalf of respondent today.
5. Considering the fact there exists an arbitration agreement between the parties and also the arbitration has since been invoked vide notice dated 10.12.2020, I hereby appoint Mr.Y.S.Chauhan, Advocate (Mob.No.9810153709) as an arbitrator to adjudicate the disputes between the parties. The rights and contentions of the parties are left open. The fee of the learned arbitrator shall be fixed as per IVth Schedule of the Arbitration and Conciliation Act.
6. The petition stand disposed of along with pending application(s).
YOGESH KHANNA, J.
OCTOBER 10, 2023/DU This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2023 at 01:14:55