IMARTI MEDIA PRIVATE LIMITED vs CYGNUS MEDICARE PRIVATE LIMITED

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 19.03.2026 + ARB.P. 177/2026 IMARTI MEDIA PRIVATE LIMITED .....Petitioner Through: Mr. Niraj Kumar Mishra, Adv. versus CYGNUS MEDICARE PRIVATE LIMITED .....Respondent Through: Mr. Sanjeev Nirwani, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, filed under Section 11(6) of the Arbitration and Conciliation Act, 19961, seeks the appointment of a learned Arbitrator for the purpose of resolution of disputes arising out of the Service Agreement dated 10.07.20242 executed between the parties. 2. Material on record indicates that the arbitration clause is envisaged in the Agreement at Clauses 13 and 14, which read as under: “XIII) DISPUTE RESOLUTION In the event that any dispute, difference, controversy and claim or dispute (“Dispute”) arises out of, or in connection with this 1 Act 2 Agreement Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:20.03.2026 ARB.P. 177/2026 Page 1 of 7 16:21:41 Agreement (including but not limited to any question relating to its validity, interpretation, termination, implementation or alleged breach of this Agreement or anything done or omitted to be done pursuant to the Agreement), the parties shall attempt in first attempt, in the first instance, to resolve in good faith such disputes through negotiations between the authorized representatives/Management of the Parties. Such negotiations shall commence within 5 (five) working days of a Party receiving written notice from the other Party as to the existence of a Dispute (“Dispute Notice”). (2) In the event that the Dispute is not resolved through the aforementioned negotiation process within ten (l0) days of