2025:UHC:6036 1 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL SRI JUSTI CE G. NARENDAR, C.J. 1 2 TH DECEMBER, 2 0 2 5 ARBI TRATI ON PETI TI ON NO. 6 3 OF 2 0 2 5 Between: National Heart Institute …………….Applicant and The Director of Health Services ..…Respondent Counsel for the applicant : Mr. Bipul Kumar Mishra, learned counsel holding brief of Mr. Sharang Dhulia, learned counsel. Counsel for the respondents : Mr. J.C. Pande, learned Standing Counsel for the State. Upon h ear in g t h e lear n ed Cou n sel, t h e Cou r t m ade t h e follow in g JUDGMENT : Heard learned counsel for the applicant and learned Standing Counsel for the State of Uttarakhand. 2. Learned counsel for the applicant would take the Court through Annexure-2, wherein the Arbitrator- Shri S.K. Sarvaria, a retired District and Sessions Judge, New Delhi, has recused and terminated the mandate in view of his ill-health (heart ailment). 3. In that view, both the counsels submit that a substituted Arbitrator may be appointed. 4. Learned counsels submit that pleadings have been exchanged, evidence has been led and cross- examination has also completed and only at the stage 2025:UHC:6036 2 of the arguments, the Arbitrator, on account of his ill- health, was constrained to terminate the mandate. 5. In that view, Mr. D.P. Gairola, retired District Judge, resident of 50/ 3/ 2 Judges Colony, Bhagirathi Enclave, Balbir Road, Dehradun, is appointed as the sole arbitrator to resolve the disputes that have arisen between the parties on merits, in accordance with the Act. 6. Let a copy of this order be communicated to Mr. D.P.Gairola, retired District Judge, resident of 50/ 3/ 2 Judges Colony, Bhagirathi Enclave, Balbir Road, Dehradun, forthwith. 7. The Arbitrator shall, in terms of Section 11(8) of the Act, furnish his disclosure in writing to the Court within 15 days from the date of receipt of a certified copy of this order. The Arbitrator shall, in consultation with the parties, fix the remuneration and other chargeable fees. The Arbitrator shall endeavour to complete the arbitration within a period of six months. 8. The erstwhile Arbitrator-Shri S.K. Sarvaria, retired District and Sessions Judge, New Delhi, shall forward all the records of the arbitration proceedings to the sole Arbitrator. 9. There shall be no order as to costs. 2025:UHC:6036 3 10. In sequel thereto, all pending Applications stand disposed of. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ G. NARENDAR, C.J. Dt: 12th December, 2025 Rathour PRAVINDRA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb1097 d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B8E 010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.12.29 11:21:13 +05'30'