Amma Center for Diagnosis and Preventive Medicine (P0 Ltd. v. Kims Hospital and Surgical Centre

Kerala HC4 Apr 2013AR/54/2012

Case brief

AI extract

What is this about?

The High Court, Ernakulam, disposed of an arbitration request filed by the applicant due to a deadlock between the parties regarding the selection of an arbitrator under their service agreement. The court appointed a retired District Judge as the sole arbitrator to resolve the dispute.

What did the court decide?

Appointment of Sri.P.Sankaranunni, District Judge(retired) as the Arbitrator to resolve disputes between the parties.

Amma Center for Diagnosis and Preventive… — Contract and Commercial Disputes | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935

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AR.No. 54 of 2012 ()

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PETITIONER(S)/APPLICANT :

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-------------------------------------

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AMMA CENTER FOR DIAGNOSIS AND PREVENTIVE MEDICINE (P) LTD "JEWEL ARCADE", LAYAM ROAD, COCHIN - 11 REPRESENTED BY ITS EXECUTIVE DIRECTOR SRI.K.S.ANIYAN.

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BY ADV. SRI.K.R.SAJITH

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RESPONDENT(S) :

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------------------------

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KIMS HOSPITAL AND SURGICAL CENTRE A UNIT OF KIMS HEALTH CARE AND MANAGEMENT LTD REPRESENTED BY ITS CHIEF OPERATING OFFICER KIMS HOSPITAL AND SURGICAL CENTRE, PATHADIPALAM CHANGAMPUZHA NAGAR POST, EDAPPALLY POST KOCHI - 682 033.

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R BY ADV. SRI.R.LAKSHMI NARAYAN R BY ADV. SMT.R.RANJINI

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THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 04-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AR.No. 54 of 2012 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A1:	COPY OF THE AGREEMENT DT 7/4/2011 BETWEEN THE APPLICANT AND RESPONDENT
ANNEXURE A2:	COPY OF THE LETTER DT 18/9/2012 ISSUED BY THE RESPONDENT TO THE APPLICANT.
ANNEXURE A3:	COPY OF THE REPLY DT 21/09/2012 ISSUED BY THE APPLICANT TO THE RESPONDENT
ANNEXURE A4:	COPY OF THE LETTER DT 5/11/2012 ISSUED BY THE APPLICANT TO THE RESPONDENT
ANNEXURE A5:	COPY OF THE REPLY DT 24/11/2012 ISSUED BY THE RESPONDENT TO THE APPLICANT.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC,J

A.R.No.54 of 2012

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Dated this the 4^th day of April, 2013

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ORDER

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Annexure-A1 is an agreement between the parties

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for providing services relating to Radiology and Imaging. Disputes arose between the parties and in view of Clause 11 of the agreement, the applicant issued Annexure-A4 notice, which was also suggested an Arbitrator. In Annexure-A5 reply sent, the respondents did not agree to the name suggested. In view of the aforesaid disagreement, this arbitration request is filed seeking the appointment of an Arbitrator.

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I heard the learned counsel for the applicant and also the respondents.

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Thus the disagreement is mainly with regard to the choice of the Arbitrator and nothing else. Therefore, I dispose of this arbitration request appointing Sri.P.Sankaranunni, District Judge(retired), Nandanam,

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A.R.No.54 of 2012

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: 2 :

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Karollil lane, Anjumuri, Thammanam P.O., Cochin-682032 as the Arbitrator to resolve the disputes between the parties. The Arbitrator will issue notice and conclude the proceedings as expeditiously as possible.

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The registry will communicate a copy of this order to the Arbitrator for taking further action in the matter.

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Sd/- ANTONY DOMINIC, JUDGE

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Amma Center for Diagnosis and Preventive Medicine (P0 Ltd. v. Kims Hospital and Surgical Centre

Case brief

What is this about?

What did the court decide?

Amma Center for Diagnosis and Preventive Medicine (P0 Ltd. v. Kims Hospital and Surgical Centre

Case brief

What is this about?

What did the court decide?

What the court decided

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