Healthkonnect India Private Limited v. Sarvodaya Hospital And Research Center And ANR



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ARB No.4879 of 2018 (O&M) Date of Decision: 09.11.2022 HEALTHKONNECT INDIA PRIVATE LIMITED ......Petitioner Vs SARVODAYA HOSPITAL AND RESEARCH CENTER .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Govind Tanwar, Advocate for Mr. Kanwal Goyal, Advocate for the petitioner.

Ms. Shruti Mandhotra, Advocate for Mr. Kunal Dawar, Advocate for the respondent.

**** RAJ MOHAN SINGH, J.(Oral) [1].

Petitioner has preferred the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act') for appointment of an independent Arbitrator to adjudicate the dispute between the parties arising out of Memorandum of Understanding executed in the month of October, 2015.

[2].

Notice of motion was issued on 21.12.2018. Learned counsel for the respondent on instructions submits that the

 respondent has no objection in case the sole Arbitrator is appointed in order to decide the dispute pending between the parties. Existence of arbitration clause in the Memorandum of Understanding is not disputed by the parties. The tentative value of the claim of the petitioner is to the tune of Rs.6,53,404/- inclusive of taxes) along with interest and damages. [3].

In view of consensus arrived at between the parties, I hereby appoint Sh. Manu Loona, Advocate, R/o H.No.212, Ist Floor, Sector 15, Panchkula, Mobile No.9803100065 as the sole Arbitrator, to resolve the dispute/difference between the parties. The appointment of the Arbitrator shall be subject to the declaration to be made by him as required under Section 12 of Arbitration and Conciliation Act, 1996 in respect of his independence and impartiality to settle the dispute between the parties.

[4].

The Arbitrator would complete the proceedings within the specified time in terms of Section 29-A of the said Act. The Arbitrator shall be paid fee in accordance with the IVth Schedule of the Act as amended from time to time. The fee shall be borne by both the parties equally.

[5].

Venue of the Arbitration shall be the place to be disclosed by the Arbitrator according to his convenience.

 [6].

A copy of this order be dispatched to the Arbitrator at the following address:- Sh. Manu Loona, Advocate, R/o H.No.212, Ist Floor, Sector 15, Panchkula, Mobile No.9803100065 [7].

Petition stands disposed of accordingly.

(RAJ MOHAN SINGH) November 09, 2022 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No