Karnataka High Court
M/S Medcloud Diagnostics Private ... vs Unnathi Global Health Care Private ... on 5 December, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:51539
CMP No. 47 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CIVIL MISC. PETITION NO. 47 OF 2025
BETWEEN:
1. M/S MEDCLOUD DIAGNOSTICS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT
SAPTHAGIRI NIVAS, IST FLOOR
RAMA MANDIRA ROAD
CHIKKAGOWDA, BADAWANE
MANDYA, KARNATAKA INDIA-571403
...PETITIONER
(BY SRI. RAMA RAMACHANDRA IYER., ADVOCATE)
AND:
1. UNNATHI GLOBAL HEALTH CARE PRIVATE LIMITED
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE
Digitally signed PRESENTLY AT D5/604/1409
by SHWETHA VIVEKANANDA ROAD, ASHOK NAGAR
RAGHAVENDRA MANDYA, KARNATAKA INDIA 571401.
Location: HIGH
COURT OF PREVISOULY AT
KARNATAKA
#1586 NANDINI NURSING HOME
K R ROAD, VIDYANAGAR
MANDYA, MYSORE
KARNATAKA-571401.
...RESPONDENT
(BY SRI. GAURAV G K., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION
AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR
AS AGREED UNDER CLAUSE 8(C) OF BUSINESS TRANSFER
AGREEMENT DATED 25.02.2023 HEREIN WITH PRODUCED AS
ANNEXURE - A TO DETERMINE AND ADJUDICATE THE DISPUTE
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NC: 2025:KHC:51539
CMP No. 47 of 2025
HC-KAR
BETWEEN THE PARTIES HEREIN IN ACCORDANCE WITH THE
PROVISION OF THE ARBITRATION AND CONCILIATION ACT, 1996
AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a) Appoint a sole arbitrator as agreed under clause 8(c) of Business Transfer Agreement Dated 25.02.2023 herein with produced as Annexure 'A' to determine and adjudicate the dispute between the parties herein in accordance with the provision of the Arditovation and Covilliation act, 1996.
b) Grant such other relief/s as this Hon'ble court deems fit with reference to the facts and circumstances of this case in the interest of justice and equity.
2. After arguing for sometime, learned counsel for the respondent submits that he has no objection for appointment of an arbitrator so long as all contentions are left open. Hence, I pass the following:
Order -3- NC: 2025:KHC:51539 CMP No. 47 of 2025 HC-KAR ORDER i. The CMP is allowed.
ii. Smt.K. A. Lalitha, a Former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 16.12.2025. v. All contentions are left open. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective -4- NC: 2025:KHC:51539 CMP No. 47 of 2025 HC-KAR parties who have produced it/them by following due procedure.
SD/-
(SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 54