$~9, 10 & 18

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Date of decision: 18.02.2022

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ARB.P. 111/2022

CFS NETRALAYA PRIVATE LIMITED

..... Petitioner

versus

DR. ROOP & ORS.

.... Respondents

+

ARB.P. 112/2022

CFS NETRALAYA PRIVATE LIMITED

..... Petitioner

versus

DR. ROOP & ANR.

.... Respondent

+

ARB.P. 203/2022 & I.A. 2791/2022

CFS PHARMA AND OPTICALS PRIVATE

LIMITED

..... Petitioner

versus

DR. ROOP & ANR.

.... Respondents

Present:

Mr. Anil Sapra, Senior Advocate with Mr. Ajay

Bhargava, Mr. Arvind Kumar Ray and Mr. Karan

Gupta, Advocates for petitioner

Mr. Rajshekhar Rao, Senior Advocate with Mr.

Monish Panda, Mr. Mrinal Bharat Ram and Mr.

Prabjot Hora, Advocates for respondent

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000629

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (oral)

1.

The above captioned three petitions have been filed under the

provisions of Section 11 of the Arbitration and Conciliation Act, 1996

seeking appointment of sole Arbitrator.

2.

Pertinently, parties to these petitions are common and the subject

matter of these petitions is also common, therefore, with the consent of

learned Senior Counsel for the parties, these petitions have been heard

together and are being disposed of vide this common judgment.

3.

Learned Senior Counsel for petitioner submits that petitioner in the

above captioned petitions [ARB.P. 111/2022 & ARB.P. 112/2022] is a joint

venture company between New Delhi Centre for Sight (“NDCFS”) and

respondent Nos.1 and 2, incorporated under provisions of the Companies

Act 1956. NDCFS is a company founded by Dr. Mahipal S Sachdev, an

eminent ophthalmologist, and Padma Shri awardee, as a leading eye care

provider in India.

4.

Petitioner in (ARB.P. 203/2022) is a wholly owned subsidiary of New

Delhi Centre for Sight (“NDCFS”) and is engaged in the business of

providing pharma, optical and other related products at the eye care centres

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000629

owned/run by NDCFS. The said petitioner also provides pharma, optical and

other related products at the eye centre operated by CFS Netralaya Private

Limited (“CFSNPL”) i.e., a joint venture entity of NDCFS and the

respondents.

5.

Further, petition (ARB.P. 111/2022) has been preferred on behalf of

the petitioner seeking appointment of Sole Arbitrator for adjudication of the

disputes and differences which have arisen under the Lease Deed dated 02^nd

March 2013 (“Lease Deed”), read with the Memorandum of Understanding

dated 26^th April 2019 (“2019 Agreement”) executed between the petitioner

and the respondents. Clause 15.2 of the Lease Deed provides for settlement

of disputes through arbitration & the Lease Deed and the 2019 Agreement

are binding on the parties. The Lease Deed has been signed by the petitioner

and all the respondents, while the 2019 Agreement has been executed by the

petitioner along with respondent Nos.1 and 2 (on their behalf as well as on

behalf of the Respondent Nos. 3 and 4).

6.

Petition (ARB.P. 112/2022) has been preferred on behalf of the

petitioner seeking appointment of Sole Arbitrator for adjudication of the

disputes and differences which have arisen under the Consultancy Services

Agreements dated 10^th March, 2011 (as amended) executed by the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000629

respondents

(“Consultancy

Services

Agreements”)

read

with

the

Memorandum of Understanding dated 26^thApril, 2019 (“2019 Agreement”)

executed between the petitioner, NDCFS and the respondents. Clause 11 of

the Consultancy Services Agreements provides for settlement of disputes

through arbitration & the Consultancy Services Agreements and the 2019

Agreement are binding on the parties. The Consultancy Services

Agreements and the 2019 Agreement have been signed by the petitioner and

the respondents.

7.

It is sub