The High Court · 2025

Counsel for the Applicant: Sri P. Ruthvik Counsel for the Respondents: None Appeared The Court made the following: ORDER = /- i r i I I i i I i i I I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Arbitration Aoplicat ion No.292 of 2o24 ORDER: This Application is filed under Sectiorr 1 1(5) and (6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator for the purpose of adjudication of disputes that have arisen betu.een the applicant and respondent in respect of the terms of the Agreement dated 14.lO.2CtlZ . 2 . The brief facts of the case are that the applicant is engaged in the field of education, developnrent of education content ancl facilitating enhancement of knowledge and efficiency of the students by providing computer based teaching and learning materials. The resporrdent is a private limited company and runs a school by name, ,Morigaon Model Secondary School'at Dondua, Morigaon, Assam 782105, who approached the applicaat and requested to provide its products and services for utilizing the sanne in the above mentioned school. Later, both the parties have entered into a Master Licence Agreement (hereafter referre,C as .agreement) dated 20.0 1 .20 1 5. According to the agreement, the applicart has to provide Computer Systems, Content and Technical Support to the respondent to perform the services set out in 2 the Annexure B of the Agreement. Clause 11.10 of the Agreement is the arbitration clause which states that any disputes arising out of the said agreement shall be adjudicated by a Sole Arbitrator appointed mutually by the Applicant & Respondent. The Venue of arbitration is Hyderabad, clause 1 1 . 10 provides that the courts at Hyderabad have exclusive jurisdiction. The said clause is extracted here under for facility: .7 7.7O. Dlsputes and Arbitration: The porties herein agree that ang dispute arAing out of this agreement shall be settled through Arbitration under the Indion Arbitration and Conciliation Act of 1996 bg the Sole Arbitrator to be appointed bg the Compang. The Au.tard giuen by the Sole Arbitrator sLtall be final and binding on both the parties. The Venue of arbitration slull be Hgderabad." Thereafter, applicalt submits that they have fulhlled their obligations in terms of the said agreement and raised invoices for the supplies made and services provided to the respondent. However, respondent failed to make payments in terms of the Agreement between the parties as the payment was made for Rs.3,03,682/- was due to be paid to the applicant as on the date of issuarrce of notice dated 07 .O9.2O23.

3. It is further submitted that when notice was issued, respondent has neither issued replied nor made any payment. i : 3 In view of the non-payment, the applicant had invoked arbitration clause 1 1.10 of the agreement and issuecl notice on

22.05 .2024 and nominated a sole arbitra.tor for resolving dispute with the respondent. However, the respondent did not reply. Hence. the applicant filed this applicurtion praying this Court for appointment of Arbitrator under Sections 11(5) and (6) of the Arbitration and Conciliation Act, 1996. 4. This Court on 29.11.2024, directed tire respondent to issue notice to the respondent and also pernritted to take out personal notice by way of registered post. The applicant had filed proof of service vide memo dated 03. O I .2025 arrcl also hled a copy of the postal endorsement in which it u,as stated that on 27 .12 .2024 , notice was delivered.

5. Heard learned counsel for the applicant-. None appeared for the respondent.

6. Admittedly, the agreement has arbitrertion clause and that the pending dispute which has to be adjudicated by way of arbitration is agreed by the parties, notice has been served invoking the arbitration. Therefore, this Court deems it proper 1l that dispute raised in this application can only be resolved by way of arbitration. 4

7. In view of the submissions made above, Sri. S. Radha Krishna Murthy, Retired District Judge, (Resident of H.No.L-7-llL52, Reddy Enclave, Alwal, Secunderabad, Mobile No. 7651O37L261, is appointed as an Arbitrator to adjudicate the disputes between the parties. The parties shall appear before the Arbitrator, along with a copy of this order. Further, the Arbitrator before entering upon the reference shall adjudicate the aforesaid issues as preliminary issues. However, the sole arbitrator shall proceed with the arbitral proceedings in accordance with law. B. Accordingly, the Arbitration Application is disposed of

9. Offrce to communicate a copy of this order to the learned Arbitrator As a sequel, miscellaneous petitions, pending if any, stand closed /ffRUE COPY// ilfM. vuAiA innJxen JOINT REGISTRAR s CTION OFFICER To,

1. Sri S. Radha Krishna Murthy, Retired District Judge, (Resident of H'No 1-7- '1l152, Reddy Enclave, Alwal, Secunderabad, Mobile No 7661037126) (By Special Messenger) (Along with a Copy of affidavit and material papers)

2. One CC to Sri P. Ruthvik, Advocate IOPUC] 3. Authorised Signatory, Morigaon Mbdel Secondary School, Gagonibori- Rajagaon Rd, Dondua, Morigaon, Assam-782105.

4. Two CD Copies kam e* -*.*:* HIGH COURT DATED:0710212025 I I ORDER ARBAPPL.No.292 of 2024 .r ', t-.:-.-.. .i ):. [1tli 2M 7 :) ar, DISPOSING OF THE ARBITRATION APPLICATION 3 ' ; I !