Skk Ayurveda Medical Superintendent v. The Director General Directorate General of Health Services Govt of NCT of Delhi and Ors

O R D E R %

18.11.2024 I.A. 44044/2024 (Exemption)

Allowed, subject to all just exceptions. ARB.P. 1735/2024

¶1The Petitioner has approached this Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the disputes between the parties.

¶2It is stated that the Petitioner and the Respondent entered into an Agreement dated 27.10.2021 for treatment of the beneficiaries covered under the medical facilities of serving Government employees and pensioners, Government of NCT, Delhi.

¶3It is stated that the Petitioner complied with all the terms and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

conditions mentioned in the Agreement dated 27.10.2021 and there was no complaint against the Petitioner in respect of any charges or treatment provided by the Petitioner in any manner.

¶4It is stated that the Respondent issued a Show Cause Notice to the Petitioner on 16.05.2023 and the Petitioner was directed to submit a reply within seven days. It is stated that the reply was filed by the Petitioner on

20.05.2023.

¶5It is stated that since there was no response from the Respondent with regard to the reply filed by the Petitioner to the Show Cause Notice dated

16.05.2023, the Petitioner issued notice dated 23.06.2024 to the Respondent invoking Arbitration Clause. Clause 29 of the Agreement dated 27.10.2021 contains an Arbitration Clause.

¶6During the course of hearing, respective Counsel for the parties jointly request that an independent Sole Arbitrator be appointed to adjudicate the disputes between the parties.

¶7Accordingly, Ms. Ruchi Gour Narula, (Adv.) (Mob. No. 9810084123) is appointed as a Sole Arbitrator to adjudicate upon the disputes between the parties.

¶8The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

¶9The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the 1996 Act within a week of entering on reference.

¶10All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

on their merits, in accordance with law.

¶11Needless to say, nothing in this order shall be construed as an expression of this Court on the merits of the contentions of the parties.

¶12The present petition stands disposed of in the above terms along with pending application(s), if any.

SUBRAMONIUM PRASAD, J NOVEMBER 18, 2024 RJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1735/2024 SKK AYURVEDA MEDICAL SUPERINTENDENT .....Petitioner Through: Mr. Vishwendera Verma, Ms. Shivali, Mr. Archit Verma, Advocates. versus THE DIRECTOR GENERAL DIRECTORATE GENERAL OF HEALTH SERVICES GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Udit Malik, Additional Standing Counsel for GNCTD, Mr. Vishal Chanda and Ms. Rima Rao, Advocates for Respondent Nos.1 to 3 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD