Gorkha Security Services v. Medical Superintendent, Lbs Hospital

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 100/2017 GORKHA SECURITY SERVICES ..... Petitioner Through: Mr Mridul Jain, Advocate versus MEDICAL SUPERINTENDENT, LBS HOSPITAL ..... Respondent Through: Mr Rahul Bakshi, Advocate CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 01.03.2017

1. The existence of arbitration clause in the agreement and the fact that the Petitioner invoked the arbitration clause by sending a notice to the Respondent is not in dispute.

2. Learned counsel for the Respondent states that as far as the merits of the matter are concerned, the Respondent is ready to make payment provided the requisite documentation is submitted by the Petitioner. Learned counsel for the Petitioner, on the other hand, points out that all the documents in power and possession of the Petitioner have already been submitted to the Respondent and that the matter is being pursued with the Respondent for several years now without result.

3. It appears to the Court that the merits of the dispute cannot be examined in the present petition. Since the existence of the arbitration clause is not in ARB.P. 100/2017 Page 1 of 2

dispute, the Court under Section 11(6) of the Act proceeds to appoint an arbitrator.

4. It is, accordingly, ordered that the arbitration by a Sole Arbitrator shall take place under the aegis of the Delhi International Arbitration Centre ('DAC').

5. The parties will appear before the DAC on 9th March, 2017 at 11:00 am for further steps in this regard.

6. The petition is disposed of. A copy of this order be sent to the Additional Coordinator DAC forthwith.

S.MURALIDHAR, J MARCH 01, 2017 rd ARB.P. 100/2017 Page 2 of 2