M/S Shri Ram Singh Hospital And Heart Institute v. The Medical Superintendent Ig Esi, Hospital & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ M/S SHRI RAM SINGH HOSPITAL AND HEART INSTITUTE .....Petitioner Through:

Mr. Pradeep Kumar & Ms. Monica Kumar, Advocates.

versus THE MEDICAL SUPERINTENDENT IG ESI, HOSPITAL & ORS.

.....Respondents Through:

Ms.

Sonam Anand, Mr.

Yakesh Anand, Mr.

Shubham Goyal, Advocates & Mr.

Dhruv Prasad, ASSTT.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 09.10.2025 1.

The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act') seeking appointment of a Sole Arbitrator for adjudication of the disputes arising out of an Agreement dated 2nd January, 2018, entered into between the parties. 2.

Counsel for the petitioner states that the Agreement contains an arbitration clause which provides for adjudication of disputes arising between the parties by arbitration.

3.

He further states that since there were disputes between the parties, the petitioner sent a notice dated 21st February, 2025 to the respondents under Section 21 of the Act, invoking the aforesaid arbitration clause. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The respondents sent a reply to the aforesaid invocation notice on 16th May, 2025.

5.

Since the arbitration clause is between the petitioner and respondent no. 1, at request of counsel for the petitioner, respondent nos. 2, 3 and 4 are deleted from the array of parties.

6.

Counsel appears on behalf of the respondent no. 1 and submits that the respondent no. 1 has no objection to the appointment of an Arbitrator. 7.

Accordingly, the dispute between the parties under the Agreement is referred to the Arbitral Tribunal comprising of a Sole Arbitrator. The following directions are issued in this regard: a.

Ms. Deepali Gupta, Advocate (Mobile No.: +9891327322) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties.

b.

The Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. In the event there is any impediment to the Arbitrator's appointment on that count, the parties are given liberty to file an appropriate application before this Court.

c.

The remuneration of the Arbitrator shall be in terms of Schedule IV of the Act.

d.

The parties shall approach the Arbitrator within two (2) weeks from today.

8.

It is made clear that all the rights and contentions of the parties, including the arbitrability of any of the claims and/or counter claims, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the Arbitrator. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The petition stands disposed of in the aforesaid terms. 10.

Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case. AMIT BANSAL, J OCTOBER 9, 2025 at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.