The High Court · 2025

Counsel for the Applicant: Sri P. Ruthvik Counsel for the Respondents: None Appeared The Court made the following: ORDER € € HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Arbitration Application No.293 of 2o24 ORDER: This A'cplication is filed under Section 1 1 (5) ald (6) of the Arbitration and Conciliation Act, 1996 to appoint a Sole Arbitrator fcr the purpose of adjudication ,rf dispr-rtes that have arisen between the applicant and respondent in respect of the terms of the Agreement dated 14.O9.2OlB.

2. The brief facts of the case are that the appriicant is engaged in the held of education, development of education content and facilitating enhancement of knowle,Cge and efliciency of the students by providing computc r basecl teaching and learning materials. Respondent No.2 is, a Trust by name 'S.N. Charitable Trust". Respondent No. 1 approached the applicant and requested the applicant to prcvide its products an<l services for utiiizing the same in the above mentioned school. Later, both the parties have enterr:d into a Master Service Agreement(herein referred as'agreement,) dated 14.09.12018. According to the agreement, the applicant has to provide Computer Systems, Content and T,echnical Support to the respondent to perform the servi,:es as set out in the Annexure-I of the Agreement. Clause 22(t) of the \. 2 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 & The Venue of arbitration is Hyderabad, clause .Respondent. 22(g) provides that the courts at Hyderabad have exclusive jurisdiction. Both clauses are extracted here under for facility: "A Arbltratlon: Ang dispute arbing out of this Agreement or in ang ma.nner touching upon lt, the same shaLl be settted amicablg betueen both the parties. In case no solution ari_ses, it will be settled through arbitration under the prouisions, of Arbitration and Conciliation Act, 1996 (uith alL statutory amendments and updates), bg a sole arbitrator to be appointed mutuallg bg the arbitration shall English COMPANY and SCHOOL. The uenue be Hgderabad. and shall be co,nducted. Aoollcable lano and Jurisdiction: This Agreement @) sLnll be gouerned, construcled" and interpreted in accordance tuith lou.ts of Union of India and courts at Hyderabad alone shall hn u e e xclu siu e juris d.ictio n.,' Thereafter, appricant submits that they have fulfrled 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.14,75,00O/- on 16.0Z.2O2l and still an amount of 3 Rs.54,42,991 was due to be paid to the applicartt as on the date of issuanrce of notice dated 29 'O3'2023' It is fuLrther submitted that when notice wasi issued' 3. respondent has neither issued replied nor made any payment' In view of the non-payment, the applicalt had invoked arbitration clause 22(f) of the agreement and issued notice on 05.06.2024 and nominated a sole arbitrator for resolving dispute with the respondent. However, the respondert did not repiy. Hence, the applicant filed this applicat.ion praying this Court for appointment of Arbitrator under Sections L 1(5) and (6) of the Arbitration and Conciliation Act, 1996' 4. This Court on 29.11.2024, directed the respondent to issue notice to the respondent and also permitted to take out { personal not.ice by way of registered post' The app|cant had filed proof of service vide memo dated 03'0 i '2O25 and also hied a copY of the postal endorsement in which it \^'as stated that on 2l .I2.2024, notice was delivered'

5. Heard iearned counsel for the applicant' None appeared for the respc,ndent. 6 . Admittedly, the agreement has arbitration clause and that the perLding dispute which has to be adjudicated by way I / 4 \ of arbitration is agreed by the parties, notice has been served invoking the arbitration. Therefore, this Court deerns it proper that dispute raised in this application can only be resolved by way of arbitration.

7. In view of the submissions made above, Sri. S. Radha Krishna Murthy, .Retired District Judge, (Resident of H.No.l-7-l/L52, Reddy Enclave, Alwal, Secundetabad, Mobile No. 7661O37L261, 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 ..i".".". shall adjudicate the aforesajd issues as preliminary issues. However, the sole arbitrator shall proceed witd the arbitral proceedings in accordance with law. B. Accordingly, the Arbitration Application is disposed of

9. Ofhce to communicate a copy of this order to the learned Arbitrator As a sequel, miscellaneous petitions, pending if any, stand closed. //TRUE COPY// Sd/- M. VIJAYA BHASKER JOINT REGISTRAR CTION OFFICER To, l.Sris.RadhaKrishnaMurthy,RetiredDistrictJudge,(ResidentofH.No.l-7- :1/152,ReddyEnclave,Alwal,Secunderabad,MobileNo-7661037126)(By i special Messenger) (Along with a Copy of affidavit and material PaPers)

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2. Authorised Signatory, Apex lnternational School, Ujjain Lohiyar Village, pS - Harsidd h i, Ea st C hamparan, lVlotihari, Bihar -845437 \ 3 S N Charitable Trust, The Secretary Mrs. Sunita Kumari, Ujjain Lohiyar Village, PS, tlarsiddhi, East Champaran, Motihari, Bihar-B4S4I\7.

4. One CC to Sri P Ruthvik Advocate IOPUCI 5. Two CD Copit-'s kam/gh ( / I , I rHE STA h' k q J 10 r'rAn fliffi It ,)7 SPr r,i:Br,C * HIGH COURT DATED:0710212025 ORDER ARBAPPL.No.293 of 2024 DISPOSING OF THE ARBITRATION APPLICATION \0