w w w . L a w y e r S e r v i c e s . i n



M/s. Omega Healthcare Management Services Pvt. Ltd. v/s Kamalraj Chandrasekaran


Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB2004PTC047381

Company & Directors' Information:- R G S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2004PTC027689

Company & Directors' Information:- P. H. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33110MH2010PTC208651

Company & Directors' Information:- OMEGA HEALTHCARE MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U85110KA2003PTC032846

Company & Directors' Information:- B G P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232GJ2007PTC050417

Company & Directors' Information:- D R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2006PTC048008

Company & Directors' Information:- G K MANAGEMENT SERVICES (INDIA) LIMITED [Active] CIN = U74140TZ1999PLC009001

Company & Directors' Information:- M J HEALTHCARE PRIVATE LIMITED [Active] CIN = U93090PN2008PTC132455

Company & Directors' Information:- S J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190MH2005PTC153435

Company & Directors' Information:- G J HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110PB1998PTC021049

Company & Directors' Information:- I M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232CH2010PTC032454

Company & Directors' Information:- A G S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U45208TG2011PTC077420

Company & Directors' Information:- K G HEALTHCARE LIMITED [Active] CIN = U85110TZ1995PLC006402

Company & Directors' Information:- A H MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2010PTC206683

Company & Directors' Information:- B J MANAGEMENT SERVICES LIMITED [Amalgamated] CIN = U74140WB2004PLC100864

Company & Directors' Information:- C S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110GJ2012PTC070018

Company & Directors' Information:- M M HEALTHCARE LIMITED [Active] CIN = U74899DL1988PLC034339

Company & Directors' Information:- A L B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85110UP2002PTC026786

Company & Directors' Information:- S B M HEALTHCARE (INDIA) PRIVATE LIMITED [Active] CIN = U33112DL2005PTC140703

Company & Directors' Information:- S A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100OR2014PTC018365

Company & Directors' Information:- AND HEALTHCARE LIMITED [Active] CIN = U51909PB2017PLC046446

Company & Directors' Information:- D. S. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24232WB2007PTC115617

Company & Directors' Information:- B N HEALTHCARE PRIVATE LIMITED [Active] CIN = U15412AS2000PTC006258

Company & Directors' Information:- P AND B HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24230GJ2013PTC075056

Company & Directors' Information:- M K MANAGEMENT SERVICES PRIVATE LTD [Converted to LLP] CIN = U74899DL1987PTC029774

Company & Directors' Information:- M M D HEALTHCARE LIMITED [Active] CIN = U65921CH1996PLC017595

Company & Directors' Information:- P. C. I. MANAGEMENT SERVICES LIMITED [Active] CIN = U67100MH2002PLC137588

Company & Directors' Information:- C S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140KA2004PTC035231

Company & Directors' Information:- E C H C MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74910TN2005PTC056137

Company & Directors' Information:- A AND R HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL1999PTC102404

Company & Directors' Information:- V D S MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2008PTC174841

Company & Directors' Information:- K. N. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85320RJ2018PTC061003

Company & Directors' Information:- R F B HEALTHCARE PRIVATE LIMITED [Active] CIN = U85190DL2021PTC384643

Company & Directors' Information:- M S P R MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140TG2005PTC047415

Company & Directors' Information:- M S HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239MH2001PTC130893

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120MH1988PTC099793

Company & Directors' Information:- H S D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U65921PB1997PTC015193

Company & Directors' Information:- N P MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U70100MH2003PTC143620

Company & Directors' Information:- G A S HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999BR2018PTC038700

Company & Directors' Information:- L. J. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HR2019PTC078493

Company & Directors' Information:- J. R. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191UP2013PTC054982

Company & Directors' Information:- M A P H HEALTHCARE PRIVATE LIMITED [Under Process of Striking Off] CIN = U85100WB2010PTC144870

Company & Directors' Information:- U S MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999WB2011PTC170355

Company & Directors' Information:- N. C. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85191DL2007PTC164437

Company & Directors' Information:- N Y HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2010PTC063348

Company & Directors' Information:- G. D. M MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999HR2019PTC078073

Company & Directors' Information:- OMEGA SERVICES PRIVATE LIMITED [Active] CIN = U74999GJ2020PTC116638

Company & Directors' Information:- H 4 HEALTHCARE PRIVATE LIMITED [Active] CIN = U15100MH2021PTC353283

Company & Directors' Information:- OMEGA MANAGEMENT SERVICES LIMITED [Strike Off] CIN = U74140MH1988PLC049720

Company & Directors' Information:- D. B. HEALTHCARE PRIVATE LIMITED [Active] CIN = U33205MH2014PTC253439

Company & Directors' Information:- E E S MANAGEMENT SERVICES PVT LTD [Active] CIN = U74140TG1984PTC005010

Company & Directors' Information:- K S V HEALTHCARE PRIVATE LIMITED [Active] CIN = U85195HR2011PTC043767

Company & Directors' Information:- I C G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2010PTC075877

Company & Directors' Information:- M M MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC195088

Company & Directors' Information:- S K A MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021722

Company & Directors' Information:- N M HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110MH2000PTC125392

Company & Directors' Information:- T K HEALTHCARE (INDIA ) PRIVATE LIMITED [Strike Off] CIN = U85190MH2003PTC139346

Company & Directors' Information:- A & D HEALTHCARE SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2012PTC229994

Company & Directors' Information:- A R HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110CH2013PTC034820

Company & Directors' Information:- I P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24239DL2003PTC121211

Company & Directors' Information:- A 2 Z HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2010PTC208860

Company & Directors' Information:- K. D. HEALTHCARE INDIA PRIVATE LIMITED [Strike Off] CIN = U85100DL2015PTC281658

Company & Directors' Information:- A P HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230MH1999PTC122520

Company & Directors' Information:- K Y O S HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U51397HP2010PTC031280

Company & Directors' Information:- D C MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U70101DL1998PTC094035

Company & Directors' Information:- I. Q. MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120WB2007PTC116624

Company & Directors' Information:- R P MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999WB2008PTC122192

Company & Directors' Information:- L Y D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900HR2012PTC045158

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Not available for efiling] CIN = U00893KA1988PTC009632

Company & Directors' Information:- K AND P MANAGEMENT SERVICES PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1996PTC099793

Company & Directors' Information:- S. U. MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ2012PTC041109

Company & Directors' Information:- Z F HEALTHCARE PVT. LTD. [Active] CIN = U29295MH2006PTC164255

Company & Directors' Information:- K. B. B. K. HEALTHCARE PRIVATE LIMITED [Active] CIN = U85110RJ2013PTC041465

Company & Directors' Information:- T.H.E. HEALTHCARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U33111MH2012PTC229451

Company & Directors' Information:- D P M C K MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2002PTC135462

Company & Directors' Information:- OMEGA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74999PN2012PTC144583

Company & Directors' Information:- T & T MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2013PTC244507

Company & Directors' Information:- J S B HEALTHCARE PRIVATE LIMITED [Active] CIN = U74120MH2013PTC248848

Company & Directors' Information:- A F MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2014PTC256072

Company & Directors' Information:- J S D HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC046578

Company & Directors' Information:- S V T HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85100TZ2009PTC015287

Company & Directors' Information:- V & U MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140TG2011PTC074925

Company & Directors' Information:- Y & D MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TG2014PTC094741

Company & Directors' Information:- KAMALRAJ MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140WB2012PTC180054

Company & Directors' Information:- A N S HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100HP2011PTC031745

Company & Directors' Information:- J M HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230CH2007PTC030943

Company & Directors' Information:- P R HEALTHCARE PRIVATE LIMITED. [Strike Off] CIN = U24231DL2003PTC120123

Company & Directors' Information:- R S M HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U24232DL2005PTC136255

Company & Directors' Information:- C & A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2007PTC159565

Company & Directors' Information:- A & Y MANAGEMENT SERVICES PRIVATE LIMITED [Converted to LLP] CIN = U74140DL2007PTC171421

Company & Directors' Information:- K R A MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC233124

Company & Directors' Information:- B G MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2013PTC247942

Company & Directors' Information:- M H HEALTHCARE PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289311

Company & Directors' Information:- R S V MANAGEMENT & SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2010PTC203427

Company & Directors' Information:- L & K MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2010PTC205793

Company & Directors' Information:- M A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138121

Company & Directors' Information:- Z. S. MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74910DL2016PTC290957

Company & Directors' Information:- N T HEALTHCARE PRIVATE LIMITED [Active] CIN = U85100DL2012PTC241304

Company & Directors' Information:- R A HEALTHCARE PRIVATE LIMITED [Strike Off] CIN = U85190DL2009PTC188221

Company & Directors' Information:- G & G HEALTHCARE PRIVATE LIMITED [Active] CIN = U51397HR2015PTC057293

Company & Directors' Information:- P D HEALTHCARE PRIVATE LIMITED [Active] CIN = U24230GJ2004PTC045131

Company & Directors' Information:- L. V. G. HEALTHCARE PRIVATE LIMITED [Active] CIN = U24233GJ2006PTC047749

Company & Directors' Information:- V MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U82320KA2004PTC035168

Company & Directors' Information:- D P B MANAGEMENT SERVICES PRIVATE LIMITED [Active] CIN = U74140GJ2009PTC057658

Company & Directors' Information:- V D G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140GJ2013PTC077221

Company & Directors' Information:- L N HEALTHCARE SERVICES PRIVATE LIMITED [Active] CIN = U85110HR2021PTC094265

Company & Directors' Information:- G AND G MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH1996PTC018896

Company & Directors' Information:- S H G HEALTHCARE PVT LTD [Strike Off] CIN = U85110WB1989PTC047231

Company & Directors' Information:- D AND A MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74110MH1995PTC090182

Company & Directors' Information:- P. A. MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH2007PTC030834

Company & Directors' Information:- P M MANAGEMENT SERVICES PRIVATE LIMITED [Strike Off] CIN = U99999MH1972PTC015534

Company & Directors' Information:- MANAGEMENT SERVICES PVT LTD [Strike Off] CIN = U99999DL2000PTC904070

    C.M.P. No. 34 of 2015

    Decided On, 09 February 2018

    At, High Court of Karnataka

    By, THE HONOURABLE DR. JUSTICE VINEET KOTHARI

    For the Appellant: Meena Venugopal, Advocate. For the Respondents: R1, Samarth Prakash, R2, A. Sanjay Kumar, Advocates.



Judgment Text

1. The petitioner M/s. Omega Healthcare Management Services Pvt. Ltd., has filed this petition in this Court on 12.02.2015 seeking appointment of an Arbitrator in a dispute arising between the parties, the present petitioner and the two Respondents namely, Mr. Kamalraj Chadrasekaran and Mr. K. Jayanth Kumar, who are said to be the Ex-employees of the petitioner-company which is engaged in the business of management services to the Health Care Companies.

2. The learned counsel for the petitioner Ms. Meena Venugopal has pointed out before the Court that in the Amendment to Employment Agreement Annexure-D dated 01.08.2011 between the parties, an Arbitration clause was incorporated for both these Respondents. The said clause is reproduced below for ready reference:-

"Any disputes arising from this Agreement shall be resolved through arbitration processes under the Indian Arbitration and conciliation Act. Arbitration shall be done by a panel of three members; one each to be appointed by Omega and the Employee and the third to be appointed jointly. Decisions by the Arbitration panel shall be binding on both the parties".

She has further submitted that the dispute arose on account of the Respondents, in breach of the terms of employment, joining the other company and doing illegal activities against the business interest of the petitioner-company and therefore, the claim of Rs. One crore was notified to them to be raised through the Notice Annexure-N dated 28.07.2014 which was replied by the Respondents through their Advocate vide Annexure-S dated 01.11.2014 denying any such liability of the claim made in the said Notice.

3. The learned counsel for the Respondents Mr. Samarth Parkash also submitted before the Court that the employment terms bound the Respondents only to comply with during the term of employment and since the present petitioner-company terminated the employment of the Respondents, the Respondents cannot be bound to comply with those terms after the termination of the employment by the petitioner-company and therefore, the Arbitration clause cannot be invoked by the petitioner-company to appoint an Arbitrator through the process of this Court under Section 11 of the Act.

4. Having heard the learned counsels for the parties, this Court is satisfied that the merit of the claim of the petitioner-company or the possible defences thereof or even the counter claim by the Respondents is the subject matter to be considered by this Court under Section 11 of the Act.

5. The Arbitration clause in the Employment Agreement admittedly exists, so also the dispute between the parties also exists. Equally true is the fact that the parties have failed to appoint a mutually agreed Arbitrator in the said matter despite exchange of Notices for the said purpose and reply thereof. Therefore, the petitioner-company has approached this Court under Section 11 of the Act for appointment of an Arbitrator.

6. The amended provisions of Section 11 of the Act, 1996 in this regard have been discussed by this Court in the judgment rendered in the case of N.K. Developers Pvt. Ltd.. v. Concord India Ltd., decided on 26.10.2017 in C.M.P.No.98/2008 are also quoted below for ready reference:-

"13. In view of the aforesaid legal position, this Court is of the view that the objections raised by the learned counsel for the Respondent are maintainable and sustainable. Not only because no such objections have been pleaded and raised before this Court either in the Statement of Objections or otherwise in the reply to the notice served by the petitioner on the respondent seeking an appointment of the Arbitrator, but also in view of the recent amendment in law by insertion of sub-sections (6-A) and (6-B) in Section 11 of the Act, which only confers positive and over-riding powers upon this Court but also at the same time an obligation to confine their examination of the existence of a valid Arbitration Agreement between the parties and to see that the arbitration proceedings are unnecessarily delayed on the basis of such technical objections.

14. The failure on the part of the Respondent-Company itself to take the petitioner through the arbitration proceedings to the ICA, now does entitle it to raise this objection at the fag end after eight years of pendency of the present application before this Court under Section 11 of the Act and it can be inferred therefore that the said procedure agreed between the parties to approach ICA had failed and which itself has largely defeated the very purpose of expeditious disposal of the disputes through the mechanism of Alternative Dispute Resolution (ADR) provided under the Act and agreed to by the parties.

15. Sub-sections (6-A) and (6-B) now only mandate the Court while dealing with application filed under Section 11 of the Act to confine its examination to the existence of a valid Arbitration Agreement which undisputedly exists in the present case and thus, the jurisdiction of this Court to appoint the Arbitrator in view of agreed Arbitration Agreement is ousted at all. The failure of parties to appoint ICA or any other Arbitrator through the Institution of Indian Arbitration Centre can certainly be construed to be the failure of the parties, enabling any one of them to apply to this Court under Section 11(6) of the Act. Therefore, the said objection of the Respondent-Company deserves to be over-ruled and this Court is of the opinion that this Court has the jurisdiction to appoint the Arbitrator under Section 11 of the Act in the present case, at this stage.

16. The judgments relied upon by the learned counsel for Respondent on the provisions as they existed prior to the amendment of Act No.3 of 2016 w.e.f. 23.10.2015 are therefore of no help to the Respondent-Company. Those judgments only delineate that the procedure agreed upon between the parties for appointment of Arbitrator should be followed. That legal position, even if held applicable in the present case, has exhausted itself and the agreed mode of approaching the Indian Council of Arbitration at this belated stage is an option for which this Court should either relegate the parties or refuse to appoint Arbitrator under Section 11(6) of the Act. Moreover, the amendment in law removes the rigour of those precedents".

7. Accordingly, this Court is of the opinion that in the present case also, an Arbitrator deserves to be appointed to resolve the dispute between the parties.

8. Both the learned counsels have fairly agreed to the appointment of a Retired District Judge, namely, Mr. Somaraju to act as an Arbitrator to resolve

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the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration Centre at Bangalore. 9. Accordingly, this petition under Section 11 of the Act is disposed of by appointing Mr. Somaraju, Retired District Judge, to enter into the said reference of Arbitration and act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre. 10. A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Mr. Somaraju, on the address available with the said Arbitration Centre, Bengaluru.
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