Venkateshwar Hospital v. Dr. (Brig.) Satish Chandra Mishra

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 925/2025 VENKATESHWAR HOSPITAL .....Petitioner Through:

Ms. Petal Chandhok & Ms.

Garima Raisinghani, Advs.

versus DR. (BRIG.) SATISH CHANDRA MISHRA .....Respondent Through:

Mr. Sanjeev Nirwani, Adv.

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 21.01.2026 1.

The present petition has been filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 ["Act"], seeking appointment of a sole arbitrator to adjudicate upon the disputes between the parties herein.

2.

Learned counsel appearing for the parties are ad idem that the matter may be referred to arbitration via sole Arbitrator in terms of Clause 7 of the letter of the Engagement on Fee for Services dated 03.10.2023 which is annexed as Document P-2 to the petition and the said clause reads as under:

"7. Governing Law and Dispute Resolution 7.1 Your consultancy with the Hospital is subject to the laws of India. All disputes, claims, or differences shall be subject The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to the jurisdiction of the Courts of New Delhi only. All disputes or differences arising out of or in connection with the terms of this Letter of Engagement and your consultancy with the Hospital shall be referred to a sole arbitrator appointed by the Hospital as per the provisions of the Arbitration and Conciliation Act, 1996.Theseat of arbitration shall be at New Delhi and the language of the arbitration proceedings shall be English only." 3.

Learned counsel for the Petitioner draws the attention of this Court to the letter dated 13.12.2024, annexed as Document P-7, which is stated to be the notice under Section 21 of the Act. 4.

Since the underlying value in respect to the disputes raised herein is approximately Rs. 27,00,000/-, this Court deems it appropriate to appoint Ms. Sarika, Advocate, (E-mail Idlawyersarika-m@gmail.com) (Mobile No. 9654612375), as an Arbitrator in the present matter.

5.

The learned sole Arbitrator may proceed with the arbitration proceedings, subject to furnishing to the parties the requisite disclosures as required under Section 12(2) of the Act. 6.

The learned sole Arbitrator shall be entitled to fee in accordance with the Fourth Schedule of the Act or as may otherwise be agreed to between the parties and the learned sole Arbitrator. 7.

The parties shall share the learned sole Arbitrator's fee and arbitral cost, equally.

8.

All rights and contentions of the parties in relation to the claims/counter claims are kept open, to be decided by the learned sole Arbitrator on their merits, in accordance with law. 9.

Needless to state, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy. All rights and contentions of the parties in this regard are reserved. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Let the copy of the said order be sent to the learned sole Arbitrator through the electronic mode as well.

10.

Accordingly, the present petition, along with all pending application(s), if any, is disposed of.

HARISH VAIDYANATHAN SHANKAR, J.

JANUARY 21, 2026/v/her/dj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.