NOVA MEDICAL CENTERS PVT LTD. Vs. SOWMYA

JUDGEMENT

(1.) The plaintiff in O.S. No.3344/2013 on the file of the VIII Additional City Civil Judge, Bengaluru is assailing the judgment and decree dtd. 2/3/2016. The suit for injunction is dismissed on the ground that the parties to the suit have to invoke the provisions of the Arbitration and Conciliation Act , 1996 (hereinafter for short referred to as the 'Act of 1996').

(2.) The admitted fact is that the plaintiff is a Company running a Hospital. Defendant No.2 was admitted as a patient in the Hospital run by the plaintiff, to avail some treatment. It is stated that second defendant was treated with due care and was discharged. However, it appears that the second defendant has developed Septicemia and takes treatment in another hospital. It is also stated that Rs.40.00 lakhs were agreed to be paid by the plaintiff-Company as compensation to the second defendant towards the discharge of his claim for damages for the alleged negligence while treating. The plaintiff has filed a suit for injunction alleging interference by the defendants in running the Hospital.

(3.) Defendants did not appear before the Trial Court and they were placed exparte. Subsequently, the plaintiff led evidence. Plaintiff has produced nine documents to substantiate his claim. The trial Court dismissed the suit on the ground that there is an Arbitration clause to resolve the dispute between the plaintiff and the defendants. The trial court referred to an agreement dtd. 5/1/2012, between the plaintiff and the second defendant wherein the plaintiff agreed to pay Rs.40.00lakhs towards the claim made by the second defendant. Clause 13 of the Agreement provides for Arbitration in the event of a dispute relating to the terms and conditions specified in the agreement dtd. 5/1/2012. By taking shelter under Clause 13, the Trial Court has dismissed the suit on the ground that the suit is not maintainable because of Arbitration Clause.