Extramarks Education India ... vs Rishabh Academy & Ors.
2021 Latest Caselaw 2878 Del

$~7
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                            Date of decision: 22.10.2021

+     ARB.P. 946/2021
      EXTRAMARKS EDUCATION INDIA PRIVATE LIMITED
                                                               ..... Petitioner
                         Through      Mr. Zeeshan Hashmi, Adv.

                         versus

      RISHABH ACADEMY & ORS.                             ..... Respondents
                  Through  None.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (oral)

The hearing has been conducted through video conferencing.

1. The present petition has been filed by petitioner seeking appointment

of Sole Arbitrator under the provisions of Section 11 of the Arbitration and

Conciliation Act, 1996 for adjudication of disputes with the respondents.

2. Petitioner - Extramarks Education India Private Limited, is a

company incorporated under the Companies Act, 2013. Respondents no.1

and 2 are educational institutions, which are managed by respondent no.3

and owned by respondent no.4.

3. According to petitioner, respondents entered into agreements on

13.11.2017, 01.02.2018, 08.03.2018 and 26.04.2018 for sale,

implementation, installation of hardware, software and multimedia system

accessories for the purpose of setting up of 67 Smart Learn Classes at the

premises of respondent nos.1 & 2. However, despite agreeing to the

payment schedule mentioned in the Agreements and multiple reminders sent

by the Petitioner, respondents have only paid a minor share of the total

amount due, as per the terms and condition agreed between the parties.

4. According to the petitioner, a demand letter dated 25.08.2020 was

sent to the respondents for the payment of outstanding amount, which was

replied by the respondent on 07.09.2020. Thereafter, petitioner sent a

counter reply dated 05.10.2020 & reminder notice dated 29.10.2020 to the

respondent nos.1, 3 & 4, which were not replied by the respondents.

5. During the course of hearing, learned counsel for the petitioner

submits that petitioner has already invoked arbitration vide notice dated

02.08.2021 under Section 21 of the Arbitration and Conciliation Act, 1996

for invocation of arbitration under clause 13 of the abovementioned

agreements and requests this Court to appoint an arbitrator to adjudicate the

disputes between the parties.

6. It is pertinent to mention here that despite service affected upon the

respondents, no one has appeared on their behalf. An affidavit of service has

also been filed by the petitioner. Hence, it seems that the respondents have

chosen not to object the present petition.

7. Accordingly, Mr. R.B.Singh, DHJS (Retd.) is appointed the sole

Arbitrator to adjudicate the dispute between the parties.

8. The fee of the learned Arbitrator shall be governed by the Fourth

Schedule of the Arbitration and Conciliation Act, 1996.

9. The learned Arbitrator shall ensure compliance of Section 12 of

Arbitration and Conciliation Act, 1996 before commencing the arbitration.

10. The present petition is accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE OCTOBER 22, 2021 ab