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2026 DAILYLAW 45828 (KAR)

UNITED BROTHERS HEALTHCARE SERVICES PVT. LTD. v. MR. RAVICHANDRAN

CMP/28/2023 · 2026-01-22

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4007 CMP No. 28 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 28 OF 2023 BETWEEN: UNITED BROTHERS HEALTHCARE SERVICES PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ADDRESS AT 14TH CROSS, NEAR MADHAVAN PARK CIRCLE, JAYANAGAR, EAST, JAYANAGAR, BANGALORE-560 011. REPRESENTED BY ITS MANAGING DIRECTOR AND AUTHORIZED SIGNATORY, DR. VIKRAM S SIDDAREDDY …PETITIONER (BY SMT/MISS SANJANA S JAIN, ADVOCATE FOR SRI. AJAY J N AND AJAY J NANDALIKE., ADVOCATE) AND: MR. RAVICHANDRAN PROPRIETOR/DIRECTOR OF ACUITIC CONSULTING ENGINEERS, HAVING ADDRESS AT NO. 39, KAYAKA, 1ST CROSS, K.P.A. BLOCK, CHANDRA LAYOUT, BANGALORE-560040. …RESPONDENT (BY SRI. GANGADHAR D C, ADVOCATE FOR SRI. HARISH KUMAR M S., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4007 CMP No. 28 of 2023 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO I. APPOINT A SOLE ARBITRATOR FOR THE CONSTITUTION OF THE ARBITRAL TRIBUNAL AS PER THE ARBITRATION CLAUSE IN THE PURCHASE ORDER (ANNEXURE-A) FOR THE RESOLUTION OF THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT ARISING OUT THE PURCHASE ORDER DATED 02/03/2021 AT ANNEXURE-A II. PASS ANY OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTERSET OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. This Court by the order dated 07.07.2025, referred the matter to the Karnataka Mediation Centre, Bengaluru. Pursuant to the said order, the parties have appeared before the mediator, the Karnataka Mediation Centre, Bengaluru. 2. The Deputy Director of the Karnataka Mediation Centre, vide communication dated 27.11.2025 addressed to the Registrar General, High Court of Karnataka, submitted Form No.4 which discloses that - 3 - HC-KAR NC: 2026:KHC:4007 CMP No. 28 of 2023 the parties have settled the matter, and accordingly, Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 was filed. 3. The memorandum of Settlement is placed on record and the same reads as follows: 1. The Petitioner had filed the present Civil Miscellaneous Petition has been filed for appointment of an Arbitrator, to adjudicate the disputes between the parties, which have arisen under the purchase order dated 02.03.2021. II. The petitioner represented by Mr.Suresh.S.S is the authorized signatory to this settlement agreement. The authorization letter will be produced before this Hon'ble Court at the time of reporting settlement. III. The aforesaid Civil Miscellaneous Petition was referred to Mediation for resolving the dispute between the parties, as during the pendency of the aforesaid Civil Miscellaneous Petition, the parties have arrived at a settlement. The parties are present along with their respective counsel are present, identified each other and they have resolved the dispute and have agreed to the following terms and conditions: - 4 - HC-KAR NC: 2026:KHC:4007 CMP No. 28 of 2023 1. The Parties state that the agreement/purchase order dated 02.03.2021 had an arbitration clause to deal with in case any dispute arises. When the present dispute arose the Respondent did not opt. for appointing an Arbitrator. Aggrieved by the decision the Petitioner herein preferred this Civil Miscellaneous Petition for appointment of a Arbitrator. 2. This Hon'ble High Court was kind enough to send it to mediation to settle the matter between the parties without any Arbitrator. The Parties took the court decision whole heartedly and participated in the mediation process and settle their claims once and for all as mentioned herein. 3. During the course of mediation the petitioner and the Respondent decided that all their mutual claims under the purchase order dated 02.03.2021, will be closed by paying an amount of Rs.9,00,000/- (Rupees Nine Lakhs Only) to the Petitioner by the Respondent as full and final settlement. The said amount will be transferred to the account of the Respondent through RTGS or any other mode of payment within 45 days from the date of this agreement, to which both the parties have agreed. IV. In view of the aforesaid Agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to pass appropriate orders in terms of this Agreement. - 5 - HC-KAR NC: 2026:KHC:4007 CMP No. 28 of 2023 V. Parities will appear before the Hon'ble court on the next date of hearing for reporting this agreement and to pass orders in term. of the aforesaid agreement. 4. Pursuant to the memorandum of settlement, learned counsel for the petitioner handed over a Bank cheque of ₹9,00,000/-, drawn on HDFC Bank, in the name of Acuitic Consulting Engineers. 5. The respondent is present before the court. He has acknowledged the cheque issued by the petitioner. 6. In view of the same, the Civil Miscellaneous Petition is disposed of in terms of memorandum of settlement. 7. Pending interlocutory application/s, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV