← Library
Madras High CourtCRL RC/58/2021disposed of

Raja v. State Rep.By

2021-02-08Honourable Mr Justice P. Velmurugan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 03RD DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR Arb.O.P. (Com.Div) No.58 of 2021 In the matter of the Arbitration and Conciliation Act, 1996 And In the matter of Application for appointment of Arbitrator to adjudicate the disputes between M/s.

Nephrocare Health Services Private Limited and M/s. Sooriya Hospital in respect of the Agreement dated 10th July 2017 M/s.Nephrocare Health Services Private Limited Rep by Power of Attorney Mr.S.Thangadurai Having registered office at Plot No. 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.

Tamilnadu ... Respondent

Original Petition praying that this Hon'ble Court be pleased to appoint an arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of the arbitration agreement dated 10th July 2017 (b) to direct the respondent to pay costs This Original Petition coming on this day before this court for hearing in the presence of Mr.G.R.Hari advocate for the Petitioner herein and Mr.R.Chithiraputhiran advocate for the Respondent herein and upon reading the Petitioner and for the Affidavit of Thangadurai filed herein and, counter affidavit of C.P.Sree Kumar filed herein, it is ordered as follows:- That Mr.J.Krishnamoorthy, (Retd). District Judge, residing at B-2/D, Nutechkrishna, New D.No.37, Old D.No.15, Soundararajan Street, T.Nagar, Chennai - 600 017 (Mobile No.94420 92363) E-mail ID:jkrishnamoorthy88@yahoo.com be and is hereby appointed as the Arbitrator to enter upon reference and adjudicate the disputes inter se the parties.

2) 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.

3) 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.

4) That both parties hereto shall bear their own costs. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 03RD DAY OF SEPTEMBER 2021.

Sd/- ASSISTANT REGISTRAR (Comm Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ED 30.09.2021 Arb O.P.(Com.Div) No.58 of 2021

ORDER

DATED: 03.09.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 01.10.2021 APPROVED ON : 04.10.2021 Copy to:

Mr.J.Krishnamoorthy (Retd.) District Judge, Arbitrator, B-2/D, Nutechkrishna, New D.No.37, Old D.No.15, Soundararajan Street, T.Nagar, Chennai - 600 017.

(Mobile No.9442092363) E-mail ID:

jkrishnamoorthy88@yahoo.com

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

O R D E R

(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.

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 : jkrishnamoorthy88@yahoo.com 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.

6. This Original Petition is ordered accordingly, leaving the parties to bear their own costs.

Sd./-N.S.K.J., 03.09.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.