Allowed

Savelife Institute of Medical Sciences Pvt. Ltd. v. Anh Technologies Pvt. Ltd.

Delhi HC14 Nov 2024O.M.P. (T) (COMM.)/133/2024

Case brief

AI extract

What is this about?

The High Court of Delhi appointed Mr. Atul Buchar as a Sole Arbitrator under Section 15 of the Arbitration and Conciliation Act, 1996, following the recusal of two previous arbitrators and a refusal by the Respondent to accept appointment by the DIAC.

What did the court decide?

Appointed Mr. Atul Buchar as Sole Arbitrator; directed arbitration under DIAC rules; mandated disclosure under Section 12(2).

Savelife Institute of Medical Sciences Pvt. Ltd. Vs Anh… — Arbitration | Delhi HC (2024)

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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P. (T) (COMM.) 133/2024

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SAVELIFE INSTITUTE OF MEDICAL SCIENCES PVT LTD

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.....Petitioner

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Through: Mr. Parveen Kumar Aggarwal & Mr. Abhishek Grover and Ms. Mehak, Advocates.

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versus

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ANH TECHNOLOGIES PVT LTD .....Respondent Through: Ms. Ritika Vohra, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 14.11.2024

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The Petitioner has approached this Court under Section 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of a substitute Sole Arbitrator to adjudicate the disputes between the parties.

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It is stated that a Memorandum of Understanding dated 03.12.2021 was executed between the parties for Claim Desk Management Services. It is stated that disputes arose between the parties and the Respondent herein issued a notice dated 03.02.2023 to invoking arbitration.

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It is stated that vide Order dated 08.02.2024, this Court appointed an Arbitrator to adjudicate the disputes between the parties and the Arbitral Tribunal was constituted on 01.03.2024. It is stated that on 13.07.2024, the learned Arbitrator recused from the matter and the parties approached this Court seeking appointment of substitute Arbitrator.

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Page 1 of 3

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O.M.P. (T) (COMM.) 133/2024

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 13:06:03

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It is stated that on 08.08.2024, this Court appointed a substitute Arbitrator. It is stated that on 16.08.2024, the substitute Arbitrator also recused from the case. It is furter stated that on 10.09.2024, the parties were informed by DIAC regarding the recusal of the Sole Arbitrator and provided a choice either to approach the Court for appointment of an Arbitrator or consent to appointment by the DIAC.

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It is stated that since the Respondent did not agree for appointment of the substitute Arbitrator by the DIAC, the Petitioner has approached this Court by filing the instant petition for appointment of a substitute Arbitrator. 6. During the course of hearing, respective Counsel for the parties jointly request that a substitute Sole Arbitrator in place of Mr. Harish Dudani, former District Judge, be appointed to adjudicate the disputes between the parties.

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Accordingly, Mr. Atul Buchar , Adv. (Mob. No. 9891096655) is appointed as a Sole Arbitrator to adjudicate upon the disputes between the parties.

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The 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.

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

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All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

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Page 2 of 3

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O.M.P. (T) (COMM.) 133/2024

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 13:06:03

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

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

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SUBRAMONIUM PRASAD, J

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NOVEMBER 14, 2024 hsk

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Page 3 of 3

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O.M.P. (T) (COMM.) 133/2024

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/11/2024 at 13:06:03

Savelife Institute of Medical Sciences Pvt. Ltd. v. Anh Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Savelife Institute of Medical Sciences Pvt. Ltd. v. Anh Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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