Siemens Healthcare Private Limited v. Sabjibon Diagnostics And Health Care Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB ORDINARY ORIGINAL CIVIL JURISDICTION PURTI PRASAD PARAB Date: 2025.02.28 14:36:50 +0530 ARBITRATION APPLICATION NO. 114 OF 2024 Siemens Healthcare Private Limited ...Applicant

Versus

Sanjibon Diagnostics And Health Care Private Limited

...Respondent

Ms. Anjali Gupta i/b King Stubb & Kasiva for the Applicant.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 24, 2025 PC :

1.

This is an Application under Section 11 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking reference of disputes and differences between the parties pursuant to a Service Agreement ("Agreement") dated January 29, 2021 to arbitration in terms of the arbitration agreement contained at Clause 21 of the General Terms and Conditions annexed to the said Agreement (which can be found at Page No.48 of the Application). In the interest of brevity, same is not being reproduced herein. Suffice it to say that the matter falls within the jurisdiction of this Court.

2.

It is seen from the record that the invocation notice dated January 24, 2024 was issued but there is no response from the Respondent. Likewise, Applicant has filed a service affidavit dated January 21, 2025 which is taken on record. It is evident that the proceedings have indeed been served on the Respondent but none has appeared.

3.

The scope of review under Section 11 is explicitly set out in Section 11(6A) of the Act. It is now trite law, with particular regard to the Supreme Court's decision rendered by a seven-judge Bench in the Interplay Judgement1 followed by multiple others, including SBI General2 and Patel3 that the Section 11 Court ought not to venture beyond examining the existence of a validly existing arbitration agreement that has been formally executed. Even questions of existential substance is a matter that falls squarely in the domain of the arbitral tribunal, in view of Section 16 of the Act.

4.

Being satisfied that an arbitration agreement is validly in existence, and that arbitration has been duly invoked, it is in the fitness of things to refer the disputes and differences between the parties in connection with the aforesaid Work Orders to arbitration by a Sole Arbitrator.

5.

In these circumstances, no useful purpose would be served keeping this application on the docket of this court. Consequently, this Application is finally disposed of in the following terms:- A] Mr. Mandar Soman, Learned Advocate of this Court is hereby appointed as the Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above; 1 In Re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and Stamp Act, 1899 - (2024) 6 SCC 1 2 SBI General Insurance Co. Ltd. Vs. Krish Spinning - 2024 SCC OnLine SC 1754 3 Ajay Madhusudan Patel Vs. Jyotrindra S. Patel - 2024 SCC OnLine SC 2597

Office Address:- Office No.21, 3rd Floor, Bombay Mutual Building, P.M. Road, Fort, Mumbai - 400 001.

Email ID: mandar.soman82@gmail.com B] A copy of this Order will be communicated to the Learned Sole Arbitrator by the Advocates for the Applicant within a period of one week from today. The Applicant shall provide the contact and communication particulars of the parties to the Arbitral Tribunal along with a copy of this Order; C] The Learned Sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12(1) of the Act to the Advocates for the Applicant so as to enable them to file the same in the Registry of this Court. The Registry of this Court shall retain the said Statement on the file of this Application and a copy of the same shall be furnished by the Advocates for the Applicant to the Respondents;

D] The parties shall appear before the Learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc. At such meeting, the parties shall provide a valid and functional email address along with mobile and landline numbers of the respective Advocates of the parties to the Arbitral Tribunal. Communications to such email addresses shall constitute valid service of correspondence in connection with the arbitration; E] All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance, and shall be

subject to any final Award that may be passed by the Tribunal in relation to costs.

6.

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the arbitral tribunal appointed hereby. 7.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]