SPORTZ VILLAGE FOUNDATION Vs. KAMM SCHOLARS SCHOOL

JUDGEMENT

(1.) This Civil Miscellaneous Petition is filed under Sec. 11(5) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as 'the Act' for short) seeking appointment of a sole Arbitrator to decide the dispute arising out of the agreement dtd. 1/7/2019.

(2.) The parties entered into an agreement dtd. 1/7/2019 at Annexure-A, wherein the petitioner had undertaken to provide sports infrastructure and materials to the respondent - Education Trust and the respondent had agreed to pay the petitioner in terms of the invoices raised for the material and services supplied by the petitioner. Learned counsel submits that the agreement contains an arbitration clause in clause 9, wherein the parties have agreed that the courts in Bangalore shall have jurisdiction to entertain the claim and enforcement of the award.

(3.) Learned counsel submits that series of invoices were raised by the petitioner as could be seen from Annexure-B series. A legal notice was got issued by the petitioner on 8/4/2021 at Annexure-C calling upon the respondent to pay the outstanding amount of Rs.90,750.00 along with penal interest as agreed in the agreement. Thereafter, another notice was issued on 20/4/2021 invoking the arbitration clause and the petitioner nominated an arbitrator in terms of the arbitration clause and called upon the respondent to concur for the appointment of the arbitrator to resolve the dispute. Nevertheless, there was no response from the respondent and consequently this civil miscellaneous petition has been filed under Sec. 11 (5) of the Act.