Mangal Raj Charitable Trust v. Millennium Education Management Private Limited

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANGAL RAJ CHARITABLE TRUST .....Petitioner Through:

Mr. Nilanjan Chatterjee, Ms. Pragya Priya, Mr. Ravi Anand, Advocates versus MILLENNIUM EDUCATION MANAGEMENT PRIVATE LIMITED .....Respondent Through:

Mr. Varun Chugh, Ms. Shagun Chugh, Ms. Shreya Mittal, Mr.

Prashant Kumar Mishra, Ms. Riya Pundir, Advocates

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 29.05.2025 1.

Learned counsel for the petitioner states that he would like to clarify that the Millennium World School is in the process of applying for CBSE recognition and currently the said school is affiliated with the State Board. He states that his statement in the order dated 23.05.2025 may be corrected to this extent.

2.

The said statement is taken on record.

3.

Mr. Varun Chugh, learned counsel has entered appearance on behalf of respondent.

4.

He states that respondent has issued a cure Notice to the petitioner and raised a demand of Rs. 11,81,000/- which has become due and payable The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

immediately. He states that petitioner has failed to make the due payments. He states that there are other grievances which the respondent has qua the functioning of the school.

5.

In response, learned counsel for the petitioner states that without prejudice to its rights and contentions, petitioner will pay a sum of Rs. 11,81,000/- to the respondent within two (2) weeks. 6.

Both the parties are agreeable that the disputes between the parties be referred to arbitration and the arbitration be presided over by a former Judge of High Court. The parties are agreeable that present petition filed under Section 9 of Arbitration and Conciliation Act, 1996 ('Act of 1996') be converted into petition under Section 17 of the Act of 1996 and placed before the Arbitral Tribunal for hearing.

7.

Learned counsel for the respondent states that respondent reserves its rights to file the reply to the petition and raise all its contentions before the Arbitral Tribunal.

8.

In view of the aforenoted facts, with the consent of the parties, the disputes between the parties under Collaboration Agreement, Brand License Agreement and the Content Sub License Agreement all dated 02.01.2023 are referred to the arbitral tribunal with the following directions: i.

With the consent of the parties, Mr. Sunil Ambwani, Retd. Chief Justice, Rajasthan (Mob.

No.

9415238954, e-mail id.

officeofsunilambwani@gmail.com) is appointed as a Sole Arbitrator. ii.

The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act of 1996 before entering into the reference. iii.

The arbitration will be held under the aegis of the Delhi International Arbitration Centre ('DIAC') and the Rules of DIAC will apply to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arbitration proceedings.

iv.

The Sole Arbitrator will be at liberty to fix his own fee in consultation with the parties.

9.

The present petition filed under Section 9 of the Act of 1996 is hereby converted into a petition under Section 17 of the Act of 1996 and will be placed before the Sole Arbitrator on 20.06.2025 at 11:00 A.M. The parties are directed to approach the learned Arbitrator. 10.

The respondent shall file its reply to this petition within a period of two (2) weeks.

11.

Subject to the petitioner making payment of Rs. 11,81,000/- within two (2) weeks, the interim order granted vide order dated 23.05.2025 shall continue. In case the Petitioner fails to make the payment within two (2) weeks, this interim order shall stand vacated forthwith. 12.

Subject to due compliance, the interim order will continue until the final disposal of the petition under Section 17 of the Act of 1996 or unless it is varied by the learned Sole Arbitrator.

13.

It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claims and/or counter claims, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the learned Sole Arbitrator.

14.

With the aforesaid directions, the petition stands disposed of. 15.

Copy of this order be sent to Organizing Secretary, DIAC and the Sole Arbitrator.

16.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J MAY 29, 2025/mt/ms Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.