NAYATI HEALTHCARE AND RESEARCH NCR PRIVATE LIMITED Vs. VIDYA SAGAR KAUSHALYA DEVI MEMORIAL HEALTH CENTRE

JUDGEMENT

(1.) Present petition has been filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the '1996 Act') seeking the following reliefs:

(2.) Disputes between the parties have arisen with respect to various Agreements entered into and executed between them for provision of healthcare services in the premises of the Respondent including managing centres for diagnostics, nuclear medicine, pathology, radiology, etc. Triggered by the termination notice, the present petition was filed seeking interim protection till the disputes are decided by the Arbitral Tribunal envisaged under the Dispute Resolution Mechanism incorporated as a part of the Agreements, whereby any claims, disputes, questions or controversies involving the parties and arising out of or in connection with the Agreements or execution, interpretation, validity, performance, breach or termination thereof are to be referred for arbitration as per the 1996 Act.

(3.) On 15/5/2023, this Court had directed that till the next date of hearing, the termination notice dtd. 11/5/2023 be kept in abeyance. This order granting interim relief to the Petitioner was assailed by the Respondent before the Division Bench in FAO(OS)(COMM) 111/2023. The Division Bench passed the following order on 29/5/2023:-