CHETAN CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 by the petitioner for appointment of arbitrator for adjudication of disputes which have arisen between the parties.

(2.) The petitioner contended that he is a Radiologist and is carrying on his profession under the name and style of Dr. Chopra's Bone Densitometry Centre and Lab, at 2 Rajouri Palace, J-1/162, Rajouri Garden, New Delhi as a sole proprietor. The petitioner entered into a Memorandum of Agreement dated 4th December, 2002 to put his lab for Central Government Health Scheme for diagnosis of members of CGHS beneficiaries under medical scheme in accordance with the terms and conditions incorporated in Memorandum of Agreement dated 4th December, 2002.

(3.) The approval was given to the laboratory of the petitioner after due inspection and inspection of the Dexa Bone Densitometry machine. After the execution of Memorandum of Agreement dated 4th December, 2002, the petitioner started rendering services in accordance with the terms and conditions of Memorandum of Agreement dated 4th December, 2002 to the beneficiaries of CGHS scheme. It was contended that in January, 2004 another inspecting team visited his laboratory, however, the inspecting team had no radiologist and therefore, the bone densitometry machine of the petitioner could not be assessed properly. The inspecting team, however, gave a report about the alleged irregularities committed by the petitioner and it was recommended that CGHS beneficiaries be stopped being referred to the petitioner's lab. A show- cause notice was also given to the petitioner for termination of agreement dated 4th December, 2002 which was replied by the petitioner.