ARBAP/36/2025 of M/S UNIQUE HEALTH CARE Vs M/S INDIAN INSTITUTE FOR ANCIENT ASTROLOGICAL RESEARCH on 14 August 2026

Order

14/08/2026

1. The present Arbitration Application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “Act of 1996”) has been filed seeking appointment of an Arbitrator to resolve the dispute between the parties.

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2. There is a dispute arisen between the parties, which is to be resolved in terms of Clause 11 of the Agreement, which reads as under: “11. TERMINATION CONSEQUENT TO SERVICE PROVIDER'S DEFAULT

a) IIAAR may terminate this Agreement in any of the following circumstances if:

i. The Service Provider repeatedly delays in making full payments to IIAAR on the relevant due dates;

ii. The Service Provider is in material breach of any of the terms and conditions of this Agreement or/and fails to strictly comply with the Applicable Law;

iii. If any material representation or warranty given by the Service Provider under this Agreement is is incorrect; agree- ment and such obligations continues to survive post termina- tion of this agreement.

f) The Service Provider shall operate the Hospital/De Dyne ih pet the Acts, Rules and Standards published from time to time by the State and Central Government, and International guidelines and recommendations issued by the World Health Organizations 10.7 Maintenance of records and verification

a) Subject to compliance with all the Applicable Laws, the Service Provider shall be solely responsible for keeping full records in respect of the operation. Hospital /Services and management of its activity or business as per the applicable laws, and shall make them available for inspection, upon receipt of reasonable notice and during normal business hours to any governmental or regulatory authorities or agencies for the purpose of verification.

b) All the records and documents are the property of IIAAR and the service provider is only a custodian of such record and documents with sole responsibility for keeping full records in respect of each transaction/activity/operations pertaining to the Agreement. The service provider shall hand over such record to IIAAR upon termination of this agreement within 30 days from the date of such termination.

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11. TERMINATION CONSEQUENT TO SERVICE PROVIDER'S DEFAULT

a) IIAAR may terminate this Agreement in any of the following circumstances if:

i. The Service Provider repeatedly delays in making full payments to IIAAR on the relevant due dates:

ii. The Service Provider is in material breach of any of the terms and conditions of this Agreement or/and fails to strictly comply with the Applicable Law:

iii. If any material representation or warranty given by the Service Provider under this agreement is incorrect.

iv. An order is made or resolution is passed for the liquida- tion bankruptcy or dissolution of the Service Provider which is not, if capable of being so, discharged or, as the case may be revoked within Ninety (90) days thereafter.

b) IIAAR shall not enforce its rights to terminate this Agreement circumstances described above unless and until:

i. IIAAR serves on the Service Provider a written notice of Ninety (90) days specifying the breach complained of and requiring the Service Provider to remedy it (if capable of remedy) and the Service Provider fails to remedy the breach

ii. The requirement of providing a notice under this Clause shall be limited to such circumstances, which are capable of being remedied. If there is a breach which, in the opinion of IIAAR, is not capable of being remedied, IIAAR shall not be required to comply with this Clause, and shall have the right to terminate this Agreement forthwith."

3. It is stated that after the first round of discussion between the parties, they had entered into a new settlement, however, under the new settlement there also exists an arbitration clause.

4. In view thereto, this Court deems it appropriate to appoint Hon'ble Mr. Justice Satish Kumar Sharma, (Former Judge Rajasthan High Court), R/o 1- Rail Nagar East, Bhagwan Path, Nirwan Nagar Ke Pas Jaipur, to act as the Sole Arbitrator and to

(4 of 4) [ARBAP-36/2025] decide all issues without prejudice to the rights and contentions raised in the present application.

5. The arbitration fees shall be determined in accordance with the Fourth Schedule of the Act of 1996, as amended. The fee of the Arbitrator will be equally borne by both the parties.

6. The arbitration application is allowed accordingly.

7. Copy of this order be sent to the appointed Sole Arbitrator. (SANJEEV PRAKASH SHARMA), ACTING CJ 29/Himanshu Soni