Authority: High Court of Jammu & Kashmir and Ladakh at Jammu (Virtual Mode)

Order Date: 21 August 2026

Case Overview

  • Parties: Petitioner Nephrocare Health Services Ltd (private limited company) and Respondent Nephro Care Dialysis Center.
  • Contract Agreement dated 14 August 2024 includes an arbitration clause for dispute resolution.
  • Dispute arose; petitioner filed a civil suit before the Sub Judge (Special Railway Magistrate) Jammu; respondent invoked the arbitration clause under Section 8, leading to dismissal of the suit on 19 August 2025 and direction to arbitrate.
  • Petitioner issued a notice under Section 21 of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator; respondent failed to appoint.
  • Petition filed under Section 11(6) of the Act seeking the court’s intervention to appoint an arbitrator.

Final Outcome

  • The Court appoints Mr. Deepak Sethi, Retired District Judge, as the sole arbitrator.
  • The arbitrator shall receive a copy of this order, enter a reference, serve notice to both parties, and determine the disputes within the legal framework.
  • The arbitrator’s fees shall be charged as per the Fourth Schedule of the Arbitration Act.
  • Order signed by Chief Justice (Acting) Sanjeev Kumar.

Topics: Arbitration, Healthcare Services