ARB.P. 722/2026 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010167802026 + ARB.P. 722/2026 UJJIBAN MULTI SPECIALITY HOSPTIAL PVT LTD .....Petitioner Through: Mr. Sourav Kumar Mukherjee, Mr. C.S. Jha and Mr. Mr. Abhinav Ramakrishna, Advocates. versus CARE HEALTH INSURANCE LIMITED .....Respondent Through: Mr. Pankaj Seth and Mr. Rehan Ali, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 29.09.2026 I.A. 10894/2026 & 10895/2026 (Exemptions) 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. I.A. 10896/2026 3. This application has been filed on behalf of Petitioner under Section 151 CPC seeking condonation of delay of 9 days in refiling the petition. 4. For the reasons stated in the application, the same is allowed. Delay of 9 days in refiling the petition is condoned. 5. Application stands disposed of. ARB.P. 722/2026 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2026 at 11:07:30 ARB.P. 722/2026 6. This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of Sole Arbitrator. 7. Case of the Petitioner as pleaded in the petition is that a Service Agreement was entered into between the Petitioner and the Respondent on 09.07.2022 whereby Respondent agreed to engage the service provider for providing healthcare services under a cashless arrangement. Disputes arose between the parties due to alleged non-payment of dues as also termination of the Service Agreement vide notice dated 12.07.2023. On 14.03.2024, Petitioner invoked arbitration Clause 11 of Article 16 of the Service Agreement and sought appointment of an Arbitrator, however, there was no response. 8. Learned counsel for the Respondent fairly and candidly does not dispute the existence of the arbitration agreement between the parties. It is further submitted by the counsels jointly that both parties have appointed their respective nominee Arbitrators and the two Arbitrators may appoint the Presiding Arbitrator and petition be disposed of accordingly. 9. The scope and ambit of the jurisdiction of a Referral Court under Section 11(6) of the 1996 Act is confined to determining the existence of the arbitration agreement. In the instant case, Respondent does not dispute the existence of the arbitration agreement being Clause 11 of Article 16 of the Service Agreement. Petitioner has nominated Justice (Retd.) M.L. Mehta, former Judge of this Court (Mobile No. 9910384620) as its nominee Arbitrator and Respondent has nominated Mr. Siddharth Joshi, Advocate (Mobile No.9818509714) as its nominee Arbitrator. The nominated Arbitrators shall appoint the Presiding Arbitrator within two months from This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2026 at 11:07:30 ARB.P. 722/2026 today. Arbitral proceedings shall be held under the aegis of Delhi International Arbitration Centre (‘DIAC’) and fee of the Arbitrator shall be fixed as per fee schedule under DIAC (Administrative Cost & Arbitrators’ Fees) Rules, 2018, as agreed. 10. Learned Arbitrators shall give disclosures under Section 12 of 1996 Act before entering upon reference. 11. It shall be open to the parties to file their claims/counter claims in the arbitration proceedings. 12. It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the respective parties are left open. 13. Petition is disposed of in the aforesaid terms. JYOTI SINGH, J SEPTEMBER 29, 2026/AK This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2026 at 11:07:30