LAWS(TLNG)-2019-2-15

MEDWIN HOSPITAL Vs. TELANGANA MEDICAL GROUP

Decided On February 21, 2019
MEDWIN HOSPITAL Appellant
V/S
Telangana Medical Group Respondents

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Appellants/Respondents, challenging the Order and Decree dated 08.01.2018, in Arbitration O.P.No.1980 of 2017, on the file of the Court of the X Additional Chief Judge, City Civil Court, Hyderabad (for short, the learned trial court).

(2.) The respondent/petitioner filed O.P.No.1980 of 2017 before the learned trial court under Section 9 of Arbitration and Conciliation Act, 1996 (for short, "the Act"), for seeking attachment of the petition schedule movables lying at the premises of the appellants/respondents and consequently direct them to deposit the revenue generated on operation of said equipment to the credit of the O.P.

(3.) The brief averments of the petition are that the petitioner in the above O.P., is a partnership firm, incorporated under the provisions of the Indian Partnership Act,, 1932. It is carrying on the business in providing medical services in oncology department; it has leading radiation, medical and surgical oncologists associated with them. The petitioner has been involved in the said business for the last fifteen years. On the other hand, the respondent No.1 is a reputed multi-specialty hospital providing health care services in major specialties including oncology.