M/S Medcloud Diagnostics Private Limited Vs Unnathi Global Health Care Private Limited

M/S MEDCLOUD DIAGNOSTICS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT SAPTHAGIRI NIVAS, IST FLOOR RAMA MANDIRA ROAD CHIKKAGOWDA, BADAWANE MANDYA, KARNATAKA INDIA-571403

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…PETITIONER

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(BY SRI. RAMA RAMACHANDRA IYER., ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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UNNATHI GLOBAL HEALTH CARE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE PRESENTLY AT D5/604/1409 VIVEKANANDA ROAD, ASHOK NAGAR MANDYA, KARNATAKA INDIA 571401.

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PREVISOULY AT #1586 NANDINI NURSING HOME K R ROAD, VIDYANAGAR MANDYA, MYSORE KARNATAKA-571401.

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…RESPONDENT

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(BY SRI. GAURAV G K., ADVOCATE)

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THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR AS AGREED UNDER CLAUSE 8(C) OF BUSINESS TRANSFER AGREEMENT DATED 25.02.2023 HEREIN WITH PRODUCED AS ANNEXURE - A TO DETERMINE AND ADJUDICATE THE DISPUTE

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NC: 2025:KHC:51539 CMP No. 47 of 2025

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HC-KAR

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BETWEEN THE PARTIES HEREIN IN ACCORDANCE WITH THE PROVISION OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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1. The petitioner is before this Court seeking for the

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following reliefs:

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a) Appoint a sole arbitrator as agreed under clause 8(c) of Business Transfer Agreement Dated 25.02.2023 herein with produced as Annexure 'A' to determine and adjudicate the dispute between the parties herein in accordance with the provision of the Arditovation and Covilliation act, 1996.

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b) Grant such other relief/s as this Hon'ble court deems fit with reference to the facts and circumstances of this case in the interest of justice and equity.

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After arguing for sometime, learned counsel for the respondent submits that he has no objection for appointment of an arbitrator so long as all contentions are left open. Hence, I pass the following:

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Order

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NC: 2025:KHC:51539 CMP No. 47 of 2025

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HC-KAR

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ORDER

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i. The CMP is allowed .

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ii. Smt.K. A. Lalitha, a Former District Judge of the District Judiciary, State of Karnataka is appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court.

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iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful.

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iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 16.12.2025.

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