ARB.P./1652/2026 of SIEMENS HEALTHCARE PRIVATE LIMITED Vs THE DEAN GAJRA RAJA MEDICAL COLLEGE & ANR. on 16 September 2026

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16.09.2026 I.A. 25127/2026 (Exemption) Allowed, subject to all just exceptions. ARB.P. 1652/2026

1. The instant petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner for appointment of an Arbitrator to adjudicate upon the disputes which have arisen between the parties in terms of Clause 20 of the Supply Order dated 22.12.2021 and Clause 30 of the Domestic Tender Enquiry Document bearing No. HITES/PCD/PRECLINICAL/RC-01/18-19.

2. The facts of the case reveal that goods were supplied to Respondent

No.1 on the contract issued by Respondent No.2. It is stated that the Petitioner was awarded the contract vide Supply Order dated 22.12.2021 bearing No. HITES/PCD/MP/AIIMS-IV/RC-01/21-22/5827 for the supply of Blood Gas Analyzer machines for various Govt. Medical Colleges in Madhya Pradesh.

3. On 03.08.2022, Respondent No.2 issued an amendment to the Notice of Award vide Order No. HITES/PCD/MP/AIIMS-IV/RC-01/22-23/3467, modifying certain terms and conditions of the original contract.

4. It is stated that Respondent No.2 conducted a pre-dispatch inspection of the equipment on 27.03.2023 and thereafter the equipment was delivered to Respondent No.1 by the Petitioner on 21.04.2023. It is stated that a Consignee Receipt Certificate (CRC) acknowledging the equipment had been received in good condition, complete in all respects, was issued by Respondent No.1 on 21.04.2023.

5. It is stated that the Petitioner submitted its claim for 90% of the payment amounting to Rs. 35,04,600/- against the CRC on 22.05.2023, which was acknowledged by Respondent No.1. However, it is stated that Respondent No.1 failed to make the payment.

6. It is stated that in the month of July, 2024 the Petitioner successfully completed installation, commissioning, testing and trial run of the equipment at the premises of Respondent No.1 which was made fully operational to the satisfaction of Respondent No.1. It is stated that Respondent No.1 issued a Final Acceptance Certificate (FAC) to the Petitioner in the month of July, 2024. It is stated that the Petitioner raised its claim for release of 10% payment against the FAC on 12.07.2024.

7. It is stated that despite repeated requests, the Respondents failed to release the outstanding dues of the Petitioner and therefore the Petitioner issued a notice dated 10.02.2026 under Section 21 of the Arbitration & Conciliation Act calling upon the Respondents to release a sum of Rs.38,94,000/- along with interest @ 2% per month.

8. The notice under Section 21 was replied to by Respondent No.2 on 20.03.2026 denying its liability to pay the outstanding amount contending that Respondent No.1 is the paying authority. However, it is stated that Respondent No.1 has neither replied to the said notice nor paid the outstanding dues to the Petitioner, and therefore, the Petitioner has approached this Court by filing the instant petition.

9. Learned Counsel for Respondent No.2 appears on advance notice.

10. Since the contract was issued by Respondent No.2 and Respondent No.1 is not a signatory, this Court is inclined to refer the dispute between Petitioner and Respondent No.2 before the Arbitrator and the Petitioner can move an application under Order I Rule 10 of the CPC before the Arbitrator for impleading Respondent No.1, to whom goods were despatched under various orders and the recovery stands confirmed.

11. Accordingly, Mr. Abhilash Mathur, Advocate (Mob No: 9811041536) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

12. The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would be subject to its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

13. The learned Arbitrator is also requested to file the requisite disclosure under Section 12(2) of the Arbitration & Conciliation Act, 1996, within three weeks of entering reference.

14. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

15. Needless to state, nothing in this Order shall be construed as an expression of this Court on the merits of the contentions of the parties.

16. The present Petition stands disposed of in the above terms along with pending application(s), if any. SUBRAMONIUM PRASAD, J SEPTEMBER 16, 2026 hsk