1

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION NO._______ OF 2021

IN THE MATTER OF:

M/s. Unicorn Denmart Limited ….Petitioner

Versus

Dr. Ranjan Grover,

Proprietor Smile Craze Dental Care Hospital
& Trauma Centre. ….Respondent

INDEX-I

S.No. Particulars Page

1. Index-1
2. Court Fee
3. Petition Format
4. Urgent Petition
5. Notice of Motion
6. Synopsis and List of Date and Event
7. Memo of Parties
8. Petition under Section 11(6) of the
Arbitration and Conciliation Act, 1996
seeking appointment of Arbitrator for
adjudication of dispute between the parties
along with supporting affidavit.
9. Statement of truth.
10. Proof of Service
11. Affidavit of Service
 2

Petitioner

Through

Gunjan Kumar & Navjeet Kumar Giri

D/839/2002
Advocates for Petitioner
Plot – 4, Hasanpur, I.P. Extn.,
Patparganj, Delhi – 110092.
New Delhi. Email: [email protected]
Dated:18/01/2021 Mobile: 9313350568
 3

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION NO._______ OF 2021

IN THE MATTER OF:

M/s. Unicorn Denmart Limited ….Petitioner

Versus

Neohumanistic Healthcare Pvt. Ltd ….Respondent

Nature of the Petition under Section 11(6) of the Arbitration &

Conciliation Act, 1996. Along with supporting
matter
affidavit seeking appointment of Arbitrator for
adjudication of dispute between the parties.
Statutes Section 11 (6) of the Arbitration & Conciliation
Act, 1996.
Invoked

S.No. No. of Filed by Provisions Nature of Remarks

Yrs. of Law relief
shought
1. Petitioner Section Petitioner
11(6) seeking
appointment
of Arbitrator
for
adjudication
of dispute
 4

between the
parties.

Petitioner

Through

Gunjan Kumar & Navjeet Kumar Giri

D/839/2002
Advocates for Petitioner
Plot – 4, Hasanpur, I.P. Extn.,
Patparganj, Delhi – 110092.
New Delhi. Email: [email protected]
Dated:18/01/2021 Mobile: 9313350568
 5

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO._______ OF 2021

IN THE MATTER OF:

M/s. Unicorn Denmart Limited ….Petitioner

Versus
Neohumanistic Healthcare Pvt. Ltd ….Respondent
URGENT PETITION

To
The Registrar
High Court of Delhi
New Delhi –110 001
Sir,

Kindly treat this accompanying petition as an urgent one

in accordance with the High Court Rules and orders on account
of the following reason(s) .The grounds of urgency is:–

Urgent directions are sought for appointment of an Arbitrator as

the Petitioner is suffering constant financial losses.
Through

Gunjan Kumar & Navjeet Kumar Giri

D/839/2002
Advocates for Petitioner
Plot – 4, Hasanpur, I.P. Extn.,
Patparganj, Delhi – 110092.
New Delhi. Email: [email protected]
Dated:18/01/2021 Mobile: 9313350568
 6

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO._______ OF 2021

IN THE MATTER OF:

M/s. Unicorn Denmart Limited ….Petitioner

Versus
Neohumanistic Healthcare Pvt. Ltd ….Respondent

MEMO OF PARTIES

M/s. Unicorn Denmart Limited,

3, Local Shopping Centre, MOR Land,
Near J- Block DDA Market,
New Rajendra Nagar, New Delhi-110092. ….Petitioner
E-mail. – [email protected]
M. No. – 9560052058

Versus

1. Neohumanistic Healthcare Pvt. Ltd.,

H. No. 103, Block – D,
NTPC Colony,
Ashiana Nagar, Khajpura,
Patna – 800014, Bihar

2. The Dentland Advance Research Institute,

 7

A Unit of Neohumanistic Healthcare Pvt. Ltd.,

Near Curis Hospital, Khagaul Road,
Near Saruna More, Patna – 801503.
E-mail: [email protected].

3. Dr. Shantivrata Verma,

S/o:- Mr. Arun Kumar,
R/o:- 302, Usha Kunj Apartment,
Ambedkar Path, Near Mahima Mandir,
Beli Road, Patna – 800014.

Petitioner
Through

Gunjan Kumar & Navjeet Kumar Giri

D/839/2002
Advocates for Petitioner
Plot – 4, Hasanpur, I.P. Extn.,
Patparganj, Delhi – 110092.
New Delhi. Email: [email protected]
Dated:18/01/2021 Mobile: 9313350568
 8

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO._______ OF 2021

IN THE MATTER OF:

M/s. Unicorn Denmart Limited ….Petitioner

Versus
Neohumanistic Healthcare Pvt. Ltd ….Respondent

PETITION UNDER SECTION 11 OF THE ARBITRATION AND

CONCILIATION ACT, 1996

TO,
THE HON’BLE CHIEF JUSTICE OF DELHI HIGH COURT AND
HIS OTHER COMPANION JUDGES OF THE HON’BLE DELHI
HIGH COURT AT NEW DELHI.
THE HUMBLE PETITION OF THE PETITIONER ABOVE
NAMED.

MOST RESPECTFULLY SHOWETH:

1. That the Petition is being filed by the Petitioner under

section 11 (6) of the Arbitration and Conciliation Act 1996

seeking appointment of an independent Arbitrator in terms

of the Para 11 of the Contract dated 14/09/2018 entered into

between the parties for recovery of outstanding amount of

Rs. 34,64,000/-  along with interest thereon which is due

and payable by the Respondents towards the Dental Chair

 9

purchased by the Respondents from the

Petitioner{hereinafter referred to as the said “Contract”}.

2. The present Petition is necessitated as despite due receipt

of notice for appointment of an arbitrator dated 19/02/2020,

the Respondent has failed to respond to the said notice and

has failed to nominate its arbitrator, in view whereof the

arbitral tribunal could not be constituted to adjudicate the

disputes that has arisen between the parties. In this regard

it is further pertinent to mention that though as per the

agreed terms of the contract between the parties, the

arbitrator was to be appointed by the Managing Director of

the appellant company, however, in view of the amended

provision of the Arbitration & Conciliation Act, 1996 the

present Petition is being filed before this Hon’ble court

seeking appointment of an independent arbitrator for

adjudication of the disputes that has arisen between the

parties.

3. (A) Provision under which the Petition is filed

Section 11(6) of the Arbitration and Conciliation Act 1996.

(B) Name of the Petitioner

M/s. Unicorn Denmart Limited,
 10

3, Local Shopping Centre, MOR Land,

Near J- Block DDA Market,
New Rajendra Nagar, New Delhi-110092.

(C) Name of the other party to the Arbitration

Agreement

Dr. Ranjan Grover,

Proprietor Smile Craze Dental Care Hospital &
Trauma Centre,
19-A Link Road,
Jalandhar – 144001.

Also At:
Dr. Ranjan Grover,
Proprietor Smile Craze Dental Care Hospital &
Trauma Centre,
S/o Sh. Narinder Kumar Grover,
R/o:- H.No. 130, Tagore Nagar,
Near Sehanai Palace, Jalandher-I,
Jalandhar City, Punjab – 144001.

(D) Name of the Arbitrator if any already appointed by

the Petitioner

Mr. Pratap Shankar,

Advocate,
C- , Jangpura,
New Delhi.

(E) Name and address of the person or institution ,if

any, to whom any function has been assigned by
the parties to the Arbitration Agreement
 11

N.A.

(f) Qualification requirements if any, of the Arbitrator

by the Agreement of the Parties

N.A.

BRIEF FACTS OF THE PRESENT CASE ARE AS

FOLLOWS:-

a. That my client was approached by you the Noticee

Nos. 1 & 2 though Noticee No. 3 to purchase K4
Package, Nabertherm Furance, Anycubic Printer and
Waterlase I Plus System. You the Noticee No.3
represented yourself to be a Director in the Noticee 1
Company. You further represented that said Noticee
No. 1 Company is incorporated under Companies Act
1956, and having Its registered office at 103, Block –
D, NTPC Colony, Ashiana Nagar, Khajpura, Patna,
Bihar. It was further represented by you the Noticee
No. 3 that the Noticee No. 2 was a dental institute of
Noticee No. 1.

b. That my client offered you several options for dental

Equipment of different companies and you selected to
purchase the above-mentioned K4 Package and
Water I Plus System for an amount of Rs. 34,00,000/-
{for K4 Package} and Rs. 34,64,000/- {Water I Plus
System}, both the prices inclusive of taxes. It was
however, represented by you that you are not in a
position to pay the said amount of Rs. 68,64,000/-
upfront and requested for payment to be made in
instalments. That you further represented that you
shall pay the instalment’s regularly.

c. Pursuant to your requests and representations, my

client agreed to sell the said Dental Equipment’s to
 12

you on instalment basis. As the payment for the said

dental equipment’s were to be made instalments, two
ACH agreements {Agreement No. 1 for K4 Package
and Agreement No. 2 for Water I Plus System} dated
14/09/2018 were entered between Noticee No. 1 and
our client. As per the said agreement No. 1 you were
to make an upfront payment of Rs. 10,00,000/- and
the balance payment of Rs. 24,00,000/- was to be
made in 24 monthly instalments of Rs. 1,00,000/-
each and As per the said agreement No. 2 Rs.
10,00,000/- and balance payment of Rs. 24,64,000/-
was to be made in 24 monthly instalments of Rs.
1,02,666/- each.

d. Pursuant to the said Agreement No.1 the Invoice No.

UD/DL/0206/1819, UD/HR/2670/1819,
UD/HR/2676/1819, UD/HR/2856/1819, dated
13/10/2018 and UD/BH/0039/1819 dated 19/11/2018
was raised and the K4 Package was supplied by my
client to you during the period October 2018 &
November 2018 respectively and to the said
Agreement No. 2 the Invoice No. UD/HR/2055/1819,
dated 29/08/2018 and UD/BH/0037/1819 dated
24/09/2018 was raised and the Water I Plus System
was supplied by my client to you in October 2018. As
agreed, you paid the initial payment of Rs. 20,00,000/-
and thus an amount was Rs. 48,64,000/- remained
payable by you by way of ACH-ECS for every
consecutive months to my client, in regard whereto as
per the agreed terms you provided the ACH–Mandate
Form for each to pay the said 24 monthly instalments.

e. However, that the ACH-ECS given by you to my client

towards the monthly instalments were not honoured
from the very beginning. It is stated that not a single
EMI has been received to my client towards said
payment of 24 monthly instalment of Rs. 1,00,000/-
and Rs. 1,02,666/- each. Despite several follow up
and requests you the noticee have failed to pay the
 13

monthly instalment. Upon delay in payment, the

representatives of my client requested you for an early
disbursal of the balance payment. Upon regular follow
up by our client you the Noticees just paid Rs.
5,00,000/- viz NEFT on different dates. It is further
pertinent to mention that upon further follow up for
payments, by our client you the Noticees showed your
inability to pay the amount and requested to adjust
some advance amount of Rs. 6,23,986/- paid by you
the Noticee and lying in credit with our client and also
suggested to forego 4 months’ rent amounting to
Rs. 1,00,800 which was payable by our client to you
towards use and occupation of a room taken rent by
our client from you the Noticee No. 2 under rent
agreement dated 10/09/2018.

f. That thus only and amount of Rs. 12,24,786/- was

paid/adjusted against the balance payment of Rs.
48,64,000/-, thereby leaving a balance payment of
Rs. 36,39,214/- due and payable. Due to your failure
to pay the due and payable amount, my client was
constrained to issue a demand letter dated
13/01/2020. However, despite due receipt of the said
demand letter you have failed to pay the balance
amount of Rs. 36,39,214/- towards balance payment.

g. It is stated that not a single EMI has been received to

my client towards balance due payment of Rs.
36,39,214/-. That you the Noticee have failed to
adhere to the agreed terms of the Agreement dated
14/09/2018 and have made yourself liable for legal
proceedings including criminal proceedings for
cheating. It is apparent that you never intended to pay
the said balance amount of Rs. 36,39,214/- and have
cheated my client to deliver the said K4 Package and
Water I Plus System thereby causing wrongful loss of
Rs. 36,39,214/- to my client and wrongful gain to
yourself. That repeated reminders and
communications from my client requesting you to pay
 14

the monthly instalments have also not elicited any

positive response from you the Noticee.

As no payment was not made, a legal notice dated

22/04/2020 was issued to you the Noticee vide you were
called upon to pay the said amount of Rs. 36,39,214/-along
with interest thereon @ 18% per annum and an amount of
Rs. 25,000/- towards cost of the said notice

2. However, despite due receipt of the said notice you the

Noticee have neither paid the said balance amount of Rs.
36,39,214/- nor have given any reply to the said legal
notice. That no reply has been sent by you the Noticee to
the said legal notice is also an acknowledgement of
debt/payable amount by you the Noticee to the Company.
That on account of failure to pay a dispute has arisen and in
view of the clause 11 of the said agreement dated
14/09/2018 the disputes are to be adjudicated by Sole
Arbitrator to be appointed by Managing Director of our
Company. However, we nominate Mr. Pratap Shanker,
advocate having his address at D-21, 3 rd Floor, Janpura
Extn. New Delhi – 110014 as a sole arbitrator. You are
hereby called upon to give your acceptance to appointment
of the said Mr. Pratap Shanker as Sole Arbitrator to
adjudicate upon the claims of the Company.

4. That the Petitioner has no other remedy but to approach this

Hon’ble Court under section 11 of the Arbitration and

Conciliation Act, 1996 as the Respondent had failed to

nominate its arbitrator.

 15

5. That this Hon’ble Court has the territorial jurisdiction to

entertain the present Petition in as much as the agreement

dated 23/10/2017 in para 11 mentions the place of

arbitration to be at New Delhi which was agreed upon by the

parties and hence this Hon’ble Court has the jurisdiction to

entertain the present Petition.

6. The Petitioner has not previously filed before this Hon'ble

Court or any other Hon'ble Court, any similar Petition

seeking reliefs sought herein or any other similar reliefs,

pertaining to the matter in issue and arising out of the said

tender Agreement executed between the parties.

7. That the present Petition is being filed bonafide and in the

interest of justice.

8. That the present Petition is within the period of Limitation.

9. The value of Petition for the demand of outstanding amount

of ₹ 5.45 lakh plus interest and cost till the realization of the

entire amount.

PRAYER
 16

It is, therefore, most respectfully prayed that this Hon’ble

Court may be pleased to:

a) Appoint an independent arbitrator to act as Arbitrator

to adjudicate the dispute between the parties;

b) Pass such other or further order[s] as this Hon’ble

Court may deem fit and proper in the facts & circumstances

of the case as well as in the interest of justice.

Petitioner

Through

Gunjan Kumar & Navjeet Kumar Giri

D/839/2002
Advocates for Petitioner
Plot – 4, Hasanpur, I.P. Extn.,
Patparganj, Delhi – 110092.
New Delhi. Email: [email protected]
Dated:18/01/2021 Mobile: 9313350568
 17

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION NO._______ OF 2020

IN THE MATTER OF:

M/s. Unicorn Denmart Limited

__Petitioner
Versus
Dr. Ranjan Grover,
Proprietor Smile Craze Dental Care Hospital
& Trauma Centre.
___Respondent

AFFIDAVIT

I, Gaurav Gogia, son of Sh. Laxmi Narayan Gogia, aged about

34 years, resident of 9/941, Prem Gali, 3A, Gandhi Nagar,
Delhi – 110031 do hereby solemnly affirm and estate on oath
as under: –

1. That I am duly authorised on behalf of the Petitionerto file the

present Petition and the Affidavit on its behalf and to prosecute
the present Petition against the Respondent.
2. That the accompanying Petition under Section 11(6)(b) of the
Arbitration and Conciliation Act, 1996 has been prepared by
my Advocate under instructions received from me and I have
read and understood the contents thereof.
3. That what is stated in the accompanying Petition is true to my
knowledge and I believe the same to be true and the legal
 18

submissions are based on information received and believed

by me to be true and correct.
4. That the annexures annexed to this Petition are true copies of
their respective original documents.

DEPONENT
VERIFICATION:
Verified at New Delhi on this the ____ day of _________, 2020
that the contents of the accompanying affidavit are true and
correct to my personal knowledge and no portion is false and
nothing material has been concealed therefrom.

DEPONENT
 19

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

ARBITRATION PETITION NO._______ OF 2021

IN THE MATTER OF:

M/s. Unicorn Denmart Limited __Petitioner

Versus
Dr. Ranjan Grover,
Proprietor Smile Craze Dental Care Hospital
& Trauma Centre. ___Respondent

STATEMENT OF TRUTH

(Under First Schedule, Order VI-Rule15A and Order XI-Rule 3)

I, Gaurav Gogia, son of Sh. Laxmi Narayan Gogia, aged

about 34 years, resident of 9/941, Prem Gali, 3A, Gandhi

Nagar, Delhi – 110031 do hereby solemnly affirm and estate

on oath as under: –

1. I am the party in the above petition and competent to

swear this affidavit.

2. I am sufficiently conversant with the facts of the case and

have also examined all relevant documents and records
in relation thereto.

3. I say that the statements made in 1 to 4 paragraphs are

based on information received which I believe to be
correct and statements made in 5 to 9 paragraphs are
based on legal advice.
 20

4. I say that there is no false statement or concealment of

any material fact, documents or record and I have
included information that is according to me, relevant for
the present suit.

5. I say that all documents in my power, possession, control

or custody, pertaining to facts and circumstances of the
proceedings initiated by me have been disclosed and
copies thereof annexed with the plaint, and that I do not
have any other documents in my power, possession,
control or custody.

6. I say that the above-mentioned pleading comprises of a

total of pages 20, each of which has been duly signed by
me.

7. I state that the Annexures hereto are true copies of the

documents referred to and relied upon by me.

8. I say that I am aware that for any false statement or

concealment, I shall be liable for action taken against me
under the law for the time being in force.

Place: Delhi
Date :
DEPONENT
Verification
I Gaurav Gogia do hereby declare that the statements made
above are true to my knowledge.
Verified at Delhi on this _________.

DEPONENT