ARB.P./1302/2024 of M/S DHANI HEALTHCARE LIMITED Vs M/S AMS 24 WELLNESS PRIVATE LIMITED & ORS. on 16 September 2026

O R D E R

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16.09.2026

1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a Sole Arbitrator to adjudicate upon the disputes which have arisen between the parties under the Registration Form and Terms/Agreement dated 20.09.2021.

2. It is stated that the Petitioner is engaged in providing technology- enabled healthcare services, including facilitating the purchase and doorstep delivery of pharmaceutical products, diagnostic services and online medical consultations through its “Dhani” Health Portal. Respondent No.1 operates a network of pharmacy stores, while Respondents No.2 and 3 are its directors.

3. It is stated that in September 2021, the Respondents approached the

Petitioner for a business arrangement whereby the Respondents would promote the Petitioner’s services by facilitating purchases of pharmaceutical products and booking of medical tests for their customers/users. The arrangement was formalised through the Registration Form and Terms/Agreement dated 20.09.2021.

4. Under the agreement, the Respondents placed orders with the Petitioner for supply of pharmaceutical and allied products. The Petitioner states that it duly supplied the ordered goods and raised invoices.

5. It is stated that disputes have arisen between the parties on the failure of the Respondent to make payments for pharmaceutical products supplied.

6. It is stated that since no payments were received despite repeated demands, the Petitioner invoked the arbitration clause contained in Clause 14 of the Agreement by issuing a notice dated 13.05.2024 under Section 21 of the Arbitration and Conciliation Act, 1996. Since no steps were taken by the Respondent for appointment of the arbitrator, the Petitioner has approached this Court seeking appointment of an arbitrator.

7. Notice in the Petition was issued on 23.08.2024. Vide Order dated 30.01.2025 the parties were referred to Delhi High Court Mediation and Conciliation Centre to explore the possibility of an amicable settlement. On 20.11.2025 it was informed that though mediation has failed, the parties are still trying to amicably settle the disputes to reach an out-of-court settlement.

8. In view of the fact that disputes have arisen between the parties and there is an arbitration clause in the Agreement, this Court is inclined to appoint an Arbitrator to adjudicate upon the disputes between the parties.

9. Accordingly, Mr. Rajiv Dwivedi, Adv. (Mob:9313061263) is appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties.

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

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

12. 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.

13. Needless to say, nothing in this order shall be construed as an expression on the merits.

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