Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur
Order Date: 28 October 2026
Case Overview
- Parties: Petitioner – Nandadeep Eye Hospital LLP (partners Dr. Saurabh Patwardhan and Dr. Nidhi Saurabh Patwardhan); Respondent – Dr. Snehal Alok Shinde, a medical practitioner.
- Contract: Agreement dated 01/01/2023 appointing the respondent as consultant/retainer; contains arbitration clause 17 referring disputes to arbitration seated in Sangli, Maharashtra.
- Claims: Petitioner seeks damages of Rs 4,18,78,370; respondent counter‑claims Rs 90,74,817. Both parties also dispute the appropriate forum – arbitration vs Industrial Disputes Act.
- Procedural background: Notice of damages issued 19/08/2025; arbitration clause invoked 17/10/2025; resolution passed by all partners on 05/08/2025 authorising Dr. Saurabh (or Dr. Nidhi) Patwardhan to initiate arbitration; respondent challenged authority under Section 19(2)(a) of the Partnership Act and alleged employer‑employee relationship.
- Submissions: Petitioner argued existence of prima facie arbitration agreement and that resolution ratified partner authority; respondent argued lack of partner consent and that the dispute falls under Industrial Disputes Act.
- Judicial observations: Court held clause 17 is undisputed, agreement does not create employer‑employee relationship, and the resolution provides the necessary partner consent. Cited precedents on limited scope of Section 11 examination and prima facie existence of arbitration agreement.
Final Outcome
- Mr. I.M. Khairdi appointed as Sole Arbitrator to adjudicate the disputes arising from the 01/01/2023 agreement.
- Parties to furnish contact details to the arbitrator within one week; arbitrator to issue statutory disclosure statement within two weeks.
- Arbitration costs to be borne equally by the parties, subject to final award.
- All interim applications disposed; the order contains no merit determination.
Topics: Arbitration, Healthcare Dispute