EDUFOCUS INTERNATIONAL EDUCATION LLP Vs. YASHOVARDHAN BIRLA

JUDGEMENT

(1.) These applications are preferred under Sec. 11 of the Arbitration and Conciliation Act, 1996 (the Act, 1996) to appoint an Arbitral Tribunal to arbitrate upon and decide the disputes/issues and/or differences between the parties arising out of and in accordance with an Agreement to Lease dtd. 8/9/2014, School Management Services Agreement dtd. 13/8/2014 read with Memorandum of Understanding (MOU) dtd. 14/8/2014 and the Leave and License Agreement dtd. 22/9/2014.

(2.) Background facts leading to these applications can be stated in brief as under:

(3.) Respondent No. 5 BIG Trust runs educational institutions, including Gopi Birla Memorial School (the School) at plot No. 68, Walkeshwar Road, Mumbai 6 (the School property). Pursuant to the request of respondent Nos. 1 and 2, Sandeep Goenka had negotiations with respondent Nos. 1 and 2, who desired the Goenka to enter into a Joint Venture to administer and manage schools utilizing their expertise. Post negotiations on 8/9/2014 two family groups, "Goenka" and "Birla", entered into a Deed of Limited Liability Partnership and formed the applicant Eduserve