MAY AND BAKER PHARMACEUTICALS LTD vs RUNOS HEALTH CARES & ORS.

Judgment text excerpt

$~O-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 706/2025 Date of Decision: 22.08.2025 IN THE MATTER OF: MAY AND BAKER PHARMACEUTICALS LTD .....Petitioner Through: Mr. Ishaan S. Sharma, Mr. Ayush and Ms. Sbhambhavi Sharma, Advs. versus RUNOS HEALTH CARES & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the 1996 Act) by the petitioner, seeking appointment of an Arbitrator to adjudicate upon the disputes that have arisen between the parties. 2. The service affidavit has been placed on record by learned counsel for the petitioner, who contends that notices which were sent to respondent nos. 1 and 2 were refused by the said respondents. 3. However, the notice to respondent no.3 by DTDC Express Ltd. has been delivered on 11.07.2025. He also submitted that notices were sent on the E-mail address as well as on Whatsapp. The said E-mail is also forming Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Signing Date:23.08.2025 By:PURUSHAINDRA 17:30:52 KUMAR KAURAV part of the invoices. 4. Under the aforesaid circumstances, the Court is left with no other option except to decide the instant petition on merit. 5. The facts of the case would reveal that on 30.04.2022, a Distributor Agreement came to be executed between the parties for supply of pharmaceutical products. 6. Learned counsel for the petitioner submits that various supplies were made to respondent no.1 and against such supply, the invoices were raised. It is further contended that respondent no.1 made part payment from time to time, however, the payment for a sum of Rs. 18,82,080/- was outstanding as on 25.0