Indian Spinal Injuries Centre vs Escorts Heart Institute And Research ... on 13 September, 2023

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Delhi High Court - Orders

Indian Spinal Injuries Centre vs Escorts Heart Institute And Research ... on 13 September, 2023

Bench: Manoj Kumar Ohri

                                    $~39
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           ARB.P. 945/2023
                                                INDIAN SPINAL INJURIES CENTRE                                              ..... Petitioner
                                                                                      Through: Mr. Sandeep Kapoor, Advocate

                                                                                      versus

                                                ESCORTS HEART INSTITUTE AND RESEARCH CENTRE
                                                LIMITED                                                                    ..... Respondent
                                                                                      Through:

                                                CORAM:
                                                HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                                                                      ORDER

% 13.09.2023 I.A. 17665/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. The present application is disposed of.

ARB.P. 945/2023

1. By way of the present petition filed under Section 11(6) read with Section 11(8) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the 'A&C Act'), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes between the parties.

2. Learned counsel for the petitioner submits that the parties had entered into an Agreement dated 20.07.2022. It is submitted that the said Agreement contains an arbitration clause, which provides that all disputes, with respect 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 19/09/2023 at 20:48:37 to the said Agreement, shall be referred to arbitration as per provisions of the A&C Act, and further provides that the place of arbitration would be at Delhi.

3. Disputes having arisen between the parties, the petitioner invoked arbitration vide legal notice dated 16.11.2022, to which a response has also been received.

4. Issue notice to the respondent by all permissible modes including through counsel who has forwarded the response, returnable on 20.10.2023.

5. In the meantime, reply, if any, be filed by the respondent.

MANOJ KUMAR OHRI, J SEPTEMBER 13, 2023 na 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 19/09/2023 at 20:48:37

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Delhi High Court - Orders