Nightingale Social Welfare Society(Nsws) v. The State Of Telangana

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.44830 of 2017 ORDER:

When the matter is taken up, it is brought to the notice of this Court by the learned Standing counsel appearing for 3rd respondent Sri Bhaskar Gorla that as per the Memorandum of Understanding between Andhra Pradesh Education Department, Rajiv Vidya Mission (SSA), Ranga Reddy District and Nightingale Social Welfare Society, the 1st petitioner herein, entered into on 01.01.2014, there is a provision of resolving the issue by way of arbitration. The said clause reads as under:

"Arbitration:

Nightingale Social Welfare Society (NSWS) and Rajiv Vidya Mission (SSA) will undertake to resolve any unforeseen events, disputes or misunderstandings in a consensual and amiable manner. Any misunderstanding arising from differing interpretations of the clauses of this MoU or emerging from the field activities, will in the first instance be the subject of negotiations on the part of Nightingale Social Welfare Society (NSWS) and Rajiv Vidya Mission (SSA) conducted by representatives designated by each Organization, in the event that no solution is found, Nightingale Social Welfare Society (NSWS) and Rajiv Vidya Mission (SSA) will seek the arbitration of a mutually agreed third party such as professional arbitrators, or recognized audit and management consultants in order to resolve the dispute."

Having regard to the said remedy available to the petitioner herein, leaving it open to the petitioner herein to make an appropriate application in terms of the said clause, Writ Petition stands disposed of. There shall be no order as to costs.

Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE A.V.SESHA SAI Date :30.10.2018 dv