Mind Edutainment Pvt. Ltd. v. Aura Edify Global School

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 716/2018 MIND EDUTAINMENT PVT. LTD.

..... Petitioner Through Ms.Aditi Tripathi, Adv.

versus AURA EDIFY GLOBAL SCHOOL ..... Respondent Through Mr.Junais Padalath and Mr.Prasanth Kulambil, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.10.2018 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeks appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Curriculum Service Provider Agreement dated 25.03.2013 executed between the parties. The Agreement contains an Arbitration Agreement in the form of Clause 9 thereof.

The disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement vide its notice dated 04.06.2018. Having failed to receive any response from the respondent, present petition was filed. Counsel for the respondent submits that the respondent has no objection if an Arbitrator is appointed by this Court for adjudicating the disputes that have arisen between the parties in relation to the abovementioned agreement.

As the existence of the Arbitration Agreement and due invocation thereof is not denied by the respondent, I see no impediment in an Arbitrator being appointed for adjudicating the disputes between the parties. With the consent of the parties, the parties are referred to the Delhi International Arbitration Centre (DIAC), which shall appoint a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the abovementioned Agreement. The arbitration proceedings and fee shall be governed by the DIAC Rules.

The petition is allowed in the above terms, with no order as to cost. Dasti.

NAVIN CHAWLA, J OCTOBER 31, 2018/Arya