JAIN VISHVA BHARTI INSTITUTE Vs. DISTRICT JUDGE MERTA

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged order dated 12.10.01 passed by the District Judge, Merta in Arbitration Application No. 50/01 directing it to appoint Arbitrator on its behalf, the arbitration proceeding initiated by the Arbitral Tribunal constituted in pursuant thereto and the award dated 13.12.04 passed by the Arbitral Tribunal.

(2.) In nutshell the relevant facts are that the petitioner institute which is a deemed to be university notified under Section 3 of the University Grant Commission Act, 1956, invited the designs from Architects all over the country to develop university's new campus. After considering the various proposal received the design proposed by the respondent No. 2 M/s. Matharoo Associates was selected and accordingly, after deliberation and negotiation an agreement dated 24.5.93 was entered into with the respondent No. 2 for providing professional services for the project.

(3.) It was agreed upon between the parties under the agreement that the dispute arising shall be resolved by way of arbitration. Article 13 of the agreement contains the Arbitration Clause which reads as under: