Allowed

M/S Kids Clinic India Pvt. Ltd. v. Mr Sadiq Salman

Karnataka HC28 Aug 2023CMP/200/2021

Case brief

AI extract

What is this about?

The High Court at Bengaluru allowed a Civil Miscellaneous Petition filed by a medical facility under Section 11 of the Arbitration and Conciliation Act, 1996, for appointing a sole arbitrator for an outstanding medical bill dispute, as the respondent remained absent. The court appointed a retired District Judge to conduct the proceedings.

What did the court decide?

Appointment of Sri. K M Thammaiah, a retired District Judge, as the sole Arbitrator to conduct the proceedings.

M/S Kids Clinic India Pvt. Ltd. Vs Mr Sadiq Salman — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:30588 CMP No. 200 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF AUGUST, 2023 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 200 OF 2021

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BETWEEN:

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M/S KIDS CLINIC INDIA PVT LTD NO.1533 9TH MAIN, JAYANAGAR 3RD BLOCK BANGALORE-560011 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI HANUMANTGOUDA B M.

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…PETITIONER

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(BY SMT. ARCHANA K.M., ADVOCATE) AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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MR SADIQ SALMAN MAJOR FATHER NAME NOT KNOWN RESIDING AT NO.15/30 SOMESHWARA SLUM JAYANAGAR BENGALURU-560011.

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…RESPONDENT

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(RESPONDENT SERVED)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINTMENT OF ARBITRATOR BY KARNATAKA HIGH COURT A SUITABLE PERSON AS

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NC: 2023:KHC:30588 CMP No. 200 of 2021

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ARBITRATOR FOR THE RESPONDENT IN PURSUANCE OF CLAUSE IN THE ADMISSION FORMS DATED 31/10/2020 AND PROVISIONAL BILLS DATED 01/11/2020 RESPECTIVELY PRODUCED HEREWITH AS ANNEXURE-A AND C AND FOR SUCH OTHER ORDERS DIRECTIONS ETC, THAT THIS COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner, who runs a hospital under the

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name and style 'Cloudnine' in III Block Jayanagar, Bengaluru, has filed this petition for appointment of a sole Arbitrator. The petitioner relies upon the agreement for arbitration as incorporated in the Admission Form signed by the respondent while admitting his daughter, Ms. Urwa Fathima Khanum, for pediatric care on 31.10.2020 and the legal notice dated 11.12.2020 invoking such arbitration clause.

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Ms. Archana K M, the learned counsel for the petitioner, submits that the respondent's daughter was admitted with the petitioner's hospital in a

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NC: 2023:KHC:30588 CMP No. 200 of 2021

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critical condition on 31.10.2020 and the respondent, despite being informed about her critical condition, was insisting on her being kept on ventilator with threats of burning down the hospital, and finally when Ms. Urwa Fathima Khanum was declared dead at 8.50 pm on 01.11.2020, the respondent and his supporters ransacked the hospital. Ms. Archana K M also submits that the petitioner is entitled to receive a sum of Rs.50,951/- as dues towards outstanding Bill and a sum of Rs.16,660/- towards damage to the property.

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The petitioner's claim would indubitably constitute a dispute as contemplated under the agreement for arbitration, and the respondent, who has not issued any reply to the legal notice dated 11.12.2020, has remained absent in the present proceedings and as such the petitioner’s contentions remain uncontested. The ingredients for exercise of jurisdiction under Section 11 of the Arbitration and

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NC: 2023:KHC:30588 CMP No. 200 of 2021

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Conciliation Act, 1996 are established, and it would

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be needless to observe that, subject to just exceptions, all questions are left open to be considered in the arbitral proceedings. Hence the following:

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ORDER

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[a] The petition is allowed.

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[b] Sri. K M Thammaiah, a retired

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District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent

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and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.

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[c] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre

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NC: 2023:KHC:30588 CMP No. 200 of 2021

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(Domestic and International), Bengaluru and also to Sri. K M Thammaiah, a retired District Judge, Address: No.12, 14^th Main Road, 3^rd Cross, Judicial Layout, GKVK Post, Bengaluru – 560 065, [e-mail: [email protected] m] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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SD/JUDGE

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AN/-

M/S Kids Clinic India Pvt. Ltd. v. Mr Sadiq Salman

Case brief

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M/S Kids Clinic India Pvt. Ltd. v. Mr Sadiq Salman

Case brief

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