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2021 DIGILAW 838 (PAT)

Bapu Jan Kalyan Sansthan Hospital, Rep. through its Secretary Gufran Khan, S/o. Subhan Khan v. E. Meditek (T. P. A) Service Limited

2021-08-18

SANJAY KAROL

body2021
JUDGMENT : 1. This application has been moved seeking appointment of an Arbitrator invoking the powers of this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996. 2. With the objection raised by Shri Durgesh Kumar Singh, Advocate, of maintainability of the petition against Respondent No. 2 namely M/s Cholamandalam MS General Insurance Company, Dare House, 2nd Floor, No.-234, NSC Bose Road, Chennai-600001; Respondent No. 3 namely M/s ICICI Lombard General Insurance Company Ltd., 2nd Floor, Uma Complex, Dr. C.P. Thakur Building, Fraser Road, Patna800001, and Respondent No. 4 namely M/s United India Insurance Company Ltd., Divisional Office-1, 2nd Floor, Laxmi Apartment, Fraser Road, Patna-800001, Shri Bipin Bihari, learned counsel for the petitioner prays for deleting the said respondents from the array of parties. 3. Prayer accepted and allowed. 4. Accordingly, name of Respondent No. 2 namely M/s Cholamandalam MS General Insurance Company, Dare House, 2nd Floor, No.-234, NSC Bose Road, Chennai-600001; Respondent No. 3 namely M/s ICICI Lombard General Insurance Company Ltd., 2nd Floor, Uma Complex, Dr. C.P. Thakur Building, Fraser Road, Patna-800001, and Respondent No. 4 namely M/s United India Insurance Company Ltd., Divisional Office-1, 2nd Floor, Laxmi Apartment, Fraser Road, Patna- 800001, be deleted from the array of parties. 5. Registry to make necessary correction in the cause title, both on the digital as also the physical file. 6. In so far as Respondent No.1, namely, E.Meditek (T.P.A.) Service Limited, Plot No.-577, Udyog Vihar, Phase-5, Gurgaon, Haryana, India-122002 now known as E-Meditek Insurance Ltd. at Plot Shop no. 06, Khasra no. 1273, Pradhan Market, Old Delhi Gurgaon Road, Kapashera, Delhi-110037 is concerned, from the service-report it is clear that Respondent No. 1 refused to accept the notices sent through the process serving agency. Also, notices sent through Registered Cover with A/D stand returned unserved. As such, Respondent No. 1 is proceeded ex parte. 7. Learned counsel invites attention of this Court to Article 15 of the Agreement dated 4.4.2011 (Annexure-1) entered into between the petitioner and Private Respondent No. 1, namely, E.Meditek (T.P.A.) Service Limited, Plot No.-577, Udyog Vihar, Phase-5, Gurgaon, Haryana, India-122002 now known as E-Meditek Insurance Ltd. at Plot Shop no. 06, Khasra no. 1273, Pradhan Market, Old Delhi Gurgaon Road, Kapashera, Delhi-110037. 06, Khasra no. 1273, Pradhan Market, Old Delhi Gurgaon Road, Kapashera, Delhi-110037. Notice invoking the arbitration clause with respect to the disputes arisen out of the said agreement was also issued to Respondent No. 1 which was not only duly received but also responded through a counsel. Such notice (undated) (Annexure-2) was responded to vide response dated 3rd of October, 2019, to which petitioner through his counsel vide legal notice dated 28th of November, 2019 (Annexure-3) again responded, seeking initiation of process of settlement within 15 days. As per the averments made in the petition, despite the same, this process was not initiated. Also Arbitrator was not appointed. 8. As such, there is no legal impediment for this Court in entertaining the present petition and allowing the same. 9. There is no dispute about-(a) the legality, validity and binding effect of the agreement dated 4th of April, 2011 entered into between the parties to the lis; (b) the existence of arbitration clause contained in the written agreement;(c) the existence of dispute(s) arising there from; (d) the petitioner having put the party to notice of its intent seeking arbitration under the agreement. 10. Hence, this Court is inclined to allow the petition by appointing an arbitrator. 11. As such, as jointly prayed for, Shri Manoj Shankar (District & Sessions Judge, Retired) is appointed as learned Arbitrator to adjudicate all disputes arising out of agreement dated 4th of April, 2011 entered into between the parties to the lis. 12. All pleas and issues raised, on merits, are left open to be considered and decided by the learned Arbitrator. 13. Learned Arbitrator shall be entitled to fees as per the provision of the Arbitration Act. 14. Since the dispute arises out of an agreement of the year 2011, the hearing be expedited. 15. Parties undertake to fully cooperate and not take any unnecessary adjournment. 16. The proceedings, during the time of current Pandemic-Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode. 17. It is expected of the learned Arbitrator to adjudicate the disputes expeditiously. 18. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator. 19. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator. 17. It is expected of the learned Arbitrator to adjudicate the disputes expeditiously. 18. Joint Registrar (List) is directed to communicate the order to the learned Arbitrator. 19. Learned counsel for the parties also undertake to communicate the order to the learned Arbitrator. In fact, they volunteered to appear before him, through digital mode on 13th of September, 2021 and apprise him of the passing of the order. 20. Parties shall file their statement of claims before the learned Arbitrator on such date of hearing which he may fix, as per mutual convenience. 21. The Request Petition stands disposed of in the above terms. 22. Interlocutory Application(s), if any, shall stand disposed of.