PSN MEDICARE PRIVATE LIMITED vs CHAIRMAN AND MANAGING DIRECTOR, CEMENT CORPORATION OF INDIA AND OTHERS

Judgment text excerpt

$~O-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 103/2025 Date of Decision: 03.04.2025 IN THE MATTER OF: PSN MEDICARE PRIVATE LIMITED .....Petitioner Through: Ms. Akanksha Kapoor and Mr. Avinash Sharma, Advs. versus CHAIRMAN AND MANAGING DIRECTOR, CEMENT CORPORATION OF INDIA AND OTHERS .....Respondents Through: Mr. Nishant Awana, Ms. Rini Badoni and Ms. Nitya Sharma, Advs. HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, by the petitioner seeking appointment of an Arbitrator to adjudicate upon the disputes arising out of the Auction Sale Proceedings dated 12.05.2023. 2. Learned counsel for the petitioner submits that a notice under Section 21 of the Arbitration and Conciliation Act, 1996, invoking arbitration, was duly issued to the respondents on 13.12.2024. Since the respondents did not nominate an arbitrator, the petitioner has approached this Court through the present petition. Signature Not Verified Signature Not Verified Signed By:DEEPAK Signed BISSYAN Signing Date:08.04.2025 By:PURUSHAINDRA 12:04:57 KUMAR KAURAV 3. On issuance of notice, learned counsel Mr. Nishant Awana has entered appearance on behalf of the respondents and, upon instructions, submits that the respondents have no objection if this Court appoints a retired Judge of the High Court as Arbitrator, while reserving all rights and contentions of the respondents to be raised before the Arbitrator. 4. Heard learned counsel appearing on behalf of the parties. 5. A perusal of the petition indicates that the petitioner is a company incorporated under the Companies Act, and the respondent is the Cement Corporation of India, a Government of India enterp