ZEE LEARN LTD Vs. J.NAVEEN KUMAR

JUDGEMENT

(1.) This Civil Revision Petition is filed assailing the passed by the learned V Junior Civil Judge, City Civil Court, Hyderabad whereby the application filed by the petitioner-defendant under Section 8 of the Arbitration and Conciliation Act, 1996 has been dismissed.

(2.) The case of the petitioner-defendant before the trial Court was that when any dispute arose with regard to Kidzee Franchisee Agreement entered into by the parties on 12.12.2014, as per Clause 19 of the Agreement, the dispute shall be referred to Arbitrator.

(3.) The trial Court observed that the dispute between the petitioner-defendant and the respondentplaintiff is not clear since there are no pleadings of the petitioner as it has not filed written statement in the suit to know whether the issue between both the parties is with regard to Kidzee Franchisee Agreement dated 12.12.2014 or not. It is further observed that as per the pleadings of the respondent-plaintiff, the dispute is not with regard to Kidzee Franchisee Agreement dated 12.12.2014. Even though as per Clause 19 of Kidzee Franchisee Agreement dated 12.12.2014, the parties shall be referred to the Arbitrator, but there are no pleadings to the effect that the dispute is with regard to Kidzee Franchisee Agreement dated 12.12.2014.