Madras High Court
M/S.Nephrocare Health Services ... vs M/S. Sooriya Hospital on 3 September, 2021
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
Arb. O.P.(Com.Div.) No.58 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 03.09.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Arb O.P.(Com.Div.) No.58 of 2021
M/s.Nephrocare Health Services Private Limited
represented by Power of Attorney
Mr.S.Thangadurai
having registered office at
Plot Nos. 83 and 84, Road No.2,
Park View Enclave, Banjara Hills,
Hyderabad, Telengana-500 034. ... Petitioner
Vs.
M/s. Sooriya Hospital,
rep. by its Partner Dr.C.P.Sreekumar,
having its registered office at
No.1, Arunachalam Road,
Saligramam, Chennai-600 093. ... Respondent
Prayer: Original Petition is filed under Section 11 of the Arbitration and
Conciliation Act, 1996, praying to pass an order appointing an arbitrator to
adjudicate the disputes between the petitioner and the respondent in terms
of the arbitration agreement dated 10th July 2017.
For Petitioner : Mr.G.R.Hari
For Respondent : Mr.R.Chithiraputhiran
https://www.mhc.tn.gov.in/judis/
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Arb. O.P.(Com.Div.) No.58 of 2021
ORDER
(This case has been heard through video conference) This Original Petition has been filed for appointment of Arbitrator to resolve the dispute with regard to Service Provider Agreement dated 10.07.2017 in respect of providing medical services.
2. Heard the learned counsel appearing for the petitioner and the respondent through video conferencing.
3. The learned counsel appearing for petitioner would submit that there was an Service Provider Agreement entered into between the parties dated 10.07.2017, in which clause 15.1.3 provides for reference and the parties are governed by the contract. On perusal of the contract executed between the parties, makes it clear that if the dispute arise between the parties, the parties are subject to arbitration and the agreement is binding on the parties to refer the dispute. Hence, the present Original Petition has been filed for appointment of Sole Arbitrator.
4. The learned counsel appearing for respondent has no objection for appointment of Sole Arbitrator to resolve the dispute arisen between the parties.
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5. In such view of the matter, as both sides have no objection for referring the matter for arbitration and taking note of the nature of contract and the dispute arose between the parties, it is ordered as follows :-
i) Mr. J.KRISHNAMOORTHY, District Judge (Retired), residing at B-2/D, Nutechkrishna, New D.No.37, Old D.No.15, Soundararajan Street, T.Nagar, Chennai -
600 017, Contact No.94420 92363 E-mail ID :
[email protected] is appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.
ii] That the learned Arbitrator appointed herein, shall after issuing notice to the parties and upon hearing them, pass an award as expeditiously as possible, preferably within a period of six months from the date of receipt of the Order.
iii] That the learned Sole Arbitrator appointed herein shall be paid fees and other incidental charges, fixed by him and the same shall be borne by the parties equally. https://www.mhc.tn.gov.in/judis/ 3\5 Arb. O.P.(Com.Div.) No.58 of 2021
6. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.
03.09.2021 rpp/mka To Mr. J.Krishnamoorthy, District Judge (Retired), B-2/D, Nutechkrishna, New D.No.37, Old D.No.15, Soundararajan Street, T.Nagar, Chennai - 600 017.
Contact No.94420 92363 https://www.mhc.tn.gov.in/judis/ 4\5 Arb. O.P.(Com.Div.) No.58 of 2021 N.SATHISH KUMAR, J.
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