National

Bombay HC Appoints Ex-Justice Kathawalla As Arbitrator In Dispute Between Max Healthcare And Care hospitals

The Bombay High Court recently appointed retired High Court judge Justice SJ Kathawalla as the arbitrator in a contractual dispute between Max Healthcare Institute and Care Hospitals and its private equity investor TPG Inc.

A single bench of Justice Milind Jadhav directed the parties to instead adjudicate their issues before the arbitrator in application filed by Max seeking urgent relief.

Justice Jadhav directed the arbitrator to decide the prayer for interim relief within 2 weeks.

Max Healthcare filed an application in the High Court to protect its rights under the terms of the term sheet signed with Care Hospitals, which included Touch Healthcare, Quality Healthcare, and Evercare Group Management Private to acquire the hospital chain.

Quality Care operates Care Hospitals, while Touch Healthcare and Evercare are subsidiaries of the US-based fund TPG (Texas Pacific Group)

Max Healthcare moved the High Court under Section 9 of the Arbitration and Conciliation Act, 1996, to protect its contractual rights before the Care Hospitals and TPG group hospitals initiate arbitration proceedings.

Appearing for Max, Senior Advocate Janak Dwarkadas claimed that the respondent companies had assigned third party rights to another company.

He requested a court order to maintain the status quo on third-party rights.

Advocate Dwarkadas further contended that the parties were bound by the term sheet signed with Care Hospitals.

They claimed that TPG had rejected their bid in favor of another private equity firm, Blackstone Inc.

Max Healthcare was advised by Justice Jadhav to proceed with arbitration and present all arguments to the arbitrator.

He expressed his reluctance to proceed with the grant of status quo because third party rights had already been established.

However, Justice Jadhav made it clear that he was not expressing anything on the merits of the case.

 

 

Nunnem Gangte

Recent Posts

Gulmarg Fashion Show: Srinagar Court To Hear Case Against Organizers On April 8

A Srinagar court has scheduled a hearing for April 8, 2025, in connection with the…

1 day ago

Gold Smuggling Case: Kannada Actress Ranya Rao Moves Sessions Court For Bail

Kannada actress Ranya Rao, arrested last week in connection with a gold smuggling case, has…

1 day ago

“Advocates Can appear In Confiscation Proceedings Under Forest Act”: MP High Court

The Madhya Pradesh High Court ruled that advocates can represent clients in confiscation cases under…

1 day ago

Cement Prices Are Likely To Increase Because Of New Mineral Tax By States: Report

Cement prices across various states are expected to increase following a Supreme Court ruling that…

1 day ago

“Plaint Against Teacher By Parent, Student: First Enquiry, Then Arrest”: Kerala HC

The Kerala High Court has laid down new guidelines to protect educators from hasty arrests…

2 days ago

SC Ruling Paves Way For Visually Impaired Judges; Yavnika Shares Her Experience

Supreme Court recently opened up the doors for visually impaired candidates in judiciary by striking…

3 days ago