M/S Kids Clinic India Ltd. Vs Smt. Ritika Jain

M/S. KIDS CLINIC INDIA LTD. #1533, 9^TH MAIN, JAYANAGAR 3^RD BLOCK, BANGALORE-560 011 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, SRI. HANUMANTAGOUDA B.M.

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…PETITIONER

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

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AND:

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SMT. RITIKA JAIN W/O MAHENDRA,

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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SRI. MAHENDRA S/O HEMANTH KUMAR,

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BOTH AT NO.201, SHANTA APARTMENTS, 1^ST CROSS, B STREET, SESHADRIPURAM, BANGALORE-560 003.

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ALSO AT: NO.10/8, PITRACHAYA, CHABRIA LAYOUT, OPP. KARNATAKA CHITRAKALAPARISHATH, BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI. SWAROOP ANAND R., ADVOCATE)

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NC: 2025:KHC:21334 CMP No. 535 of 2022

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HC-KAR

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THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO EXERCISE THE POWER UNDER SECTION 11 (6) OF THE ARBITRATION & CONCILIATION ACT, 1996 AND APPOINT A SUITABLE PERSON AS ARBITRATOR FOR THE RESPONDENT IN PURSUANCE OF ARBITRATION CLAUSE IN THE ADMISSION FROM DATED 14.03.2022 AT ANNEXURE-A AND FOR SUCH OTHER ORDERS DIRECTIONS 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 ASHOK S.KINAGI

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ORAL ORDER

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This Civil Misc. Petition is filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) for nominating an arbitrator to resolve the disputes between the parties to this petition, in terms of admission forms and provisional bill vide Annexure ‘A’ and as per the provisions of the Act.

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Brief facts, leading rise to the filing of this petition are as follows:

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Respondent No.1 was admitted to the petitioner’s hospital on 14.03.2022, and gave birth to twin daughters on 14.03.2022.

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3 - NC: 2025:KHC:21334 CMP No. 535 of 2022

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HC-KAR

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The petitioner raised invoices. The total amount is Rs.7,56,501/-, and a sum of Rs.5,06,501/- is outstanding.

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The admission forms and provisional bill provided for arbitration clause. The petitioner issued a legal notice dated 20.04.2022, calling upon the respondents to pay the aforesaid amount or to agree to the appointment of an arbitrator. The respondents have evaded all communications from the petitioner. Hence, this petition.

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The Respondents have not filed a statement of objections.

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Heard the arguments of the learned counsel for the petitioner and the respondents.

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The Learned counsel for the petitioner submits that there is an arbitration clause in the admission forms and provisional bill, and the dispute arose between the parties regarding the payment of amount. The

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NC: 2025:KHC:21334 CMP No. 535 of 2022

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HC-KAR

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dispute between the parties is to be resolved through an arbitration. Hence, she prays to allow the petition.

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Learned counsel for the respondents submits no objection to allow the petition.

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Perused the records, and considered the submissions of the learned counsel for the parties.

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The point that arises for consideration in this petition is as follows:-

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“Whether the petitioner has made out a ground to refer the disputes between the parties to the petition to the arbitrator for adjudication of the same as per the provisions of the Arbitration and Conciliation Act, 1996?”

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There is no dispute regarding the fact that

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respondent No.1 was admitted to the petitioner’s hospital on 14.03.2022 and gave birth to twin daughters on 14.03.2022. The petitioner raised

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NC: 2025:KHC:21334 CMP No. 535 of 2022

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HC-KAR

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invoices amounting to Rs.7,56,501/-, and the respondents paid only Rs.2,50,000/-. There is still an outstanding amount of Rs.5,06,501/-.

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I have perused the admission form, which provides for Arbitration clause and the same reads as follows:

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“We, Mr./Mrs.Mahendra and Dr.Kishore, agree that any dispute that may arise with respect to services / treatment / admission / lab tests / diagnosis / opinion / procedures / billing / sale rendered by M/s.Kids Clinic India Pvt. Ltd., shall be referred and resolved by arbitration under the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be by sole arbitrator to be appointed by M/s.Kids Clinic Pvt. Ltd. The place of arbitration shall be Bengaluru. The language of arbitration shall be English.”

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The petitioner invoked the arbitration clause by issuing an arbitration notice on 20.04.2022 proposing the name of an arbitrator. The arbitration notice was served on the respondents, but they did not respond to it.

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NC: 2025:KHC:21334 CMP No. 535 of 2022

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HC-KAR

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Admittedly, there is an arbitration clause, the dispute

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has arisen between the parties and it is to be resolved through an arbitration. Further, the learned counsel for the respondents submits no objection to appoint an arbitrator to resolve the disputes.

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In view of the above discussion, the point for consideration is answered in the affirmative. Accordingly, I proceed to pass the following:

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ORDER

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(i) The Civil Misc. Petition is allowed .

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(ii) Shri.R.Ravi, Retired District Judge, is nominated as the arbitrator to resolve the disputes between the parties to the petition, as per the provisions of the Arbitration and Conciliation Act and Rules.

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