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2026 DAILYLAW 34747 (KAR)

PLUS HEALTH TECH VENTURES PVT LTD., v. LE CREST HOSPITAL

CMP/100/2026 · 2026-07-09

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34929 CMP No. 100 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 100 OF 2026 BETWEEN: PLUS HEALTH TECH VENTURES PVT LTD., 185/A, 22ND CROSS, 3RD SECTOR, HSR LAYOUT, BENGALURU - 560102 REP BY ITS AUTHORISED REPRESENTATIVE KULPAM PESHIN …PETITIONER (BY SRI. SHAIK JAVED AKTHAR., ADVOCATE FOR SRI. ABHAY KINI B., ADVOCATE) AND: LE CREST HOSPITAL NO.13, MAHARAJ AGRASEN MARG SECTOR 4 VASUNDRA, GHAZIABAD UTTAR PRADESH - 201012. …RESPONDENT (RESPONDENTS SERVED) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34929 CMP No. 100 of 2026 THIS CMP IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO (a) APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES ARISING OUT OF AND IN CONNECTION WITH THE AGREEMENT DATED 20.06.2022, AND THE AGREEMENT DATED 15.04.2023, INCLUDING ALL CLAIMS, COUNTERCLAIMS, AND ISSUES ARISING THEREFROM OR INCIDENTAL THERETO, BY EXERCISING POWERS UNDER SECTION 11(5) AND 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, IN TERMS OF CLAUSES 20 AND 19 (DISPUTE RESOLUTION) OF THE AGREEMENT DATED 20.06.2022, 15.04.2023 PRODUCED AS ANNEXURE A AND B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner asserts that it has extended certain medical consultancy services to the respondent under a Memorandum of Agreement dated 20.06.2022 and that it incorporates an agreement for the resolution of disputes by arbitration. The petitioner relies upon the Notice - 3 - HC-KAR NC: 2026:KHC:34929 CMP No. 100 of 2026 dated 27.11.2025 for the appointment of a sole arbitrator. The learned counsel for the petitioner is heard, and when queried, the learned counsel submits that the dispute relates to the petitioner's actionable claim against the respondent. The respondent has not responded to the Notice dated 27.11.2025, and it remains absent. In fact, this Court on 18.06.2026 had directed the petition to be listed today to extend an opportunity to the respondent to arrange for its representation. The respondent continues to remain absent. In the light of the afore, the following ORDER [A] The petition is allowed. [B] Hon’ble Mr. Justice P. Krishna Bhat, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the - 4 - HC-KAR NC: 2026:KHC:34929 CMP No. 100 of 2026 proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre. All questions are left open for due consideration. [C] The Registry is directed to communicate this order [by e-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Hon’ble Mr. Justice P. Krishna Bhat, a former Judge of this Court, Address: Vasishta”, No.41, Near Ganesh Emerald, Judicial Layout, 3rd Phase, Hejjala, Bidadi, Bengaluru - 562 109 [e- mail id: krishnabhat46@gmail.com] as required under the Appointment of - 5 - HC-KAR NC: 2026:KHC:34929 CMP No. 100 of 2026 Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. [D] The learned counsel for the petitioner submits that the addresses of the parties as mentioned in the cause title are also the current addresses of the parties. [E] The petitioner is directed to appear before the Director, the Arbitration and Conciliation Centre [Domestic and International], Bengaluru, on 17.08.2026 at 11.30 am. Sd/- (B M SHYAM PRASAD) JUDGE NV