RAJASTHALI LAW INSTITUTE Vs. VIVEKANANDA GLOBAL UNIVERSITY

JUDGEMENT

(1.) The applicants have preferred this miscellaneous appeal aggrieved by the order dtd. 4/2/2022 whereby application of the applicant filed under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") for appointment of a receiver was dismissed by the Commercial Court No. 1, Jaipur Metropolitan-II.

(2.) Succinctly stated the facts of the case are that the applicants have filed an application under Sec. 9 of the Act stating therein that an agreement/Memorandum of Understanding (for short "MOU") was entered into between the applicants and the respondent-University on 21/6/2017. It is pleaded in the application that as per the MOU, the law courses were to be run by the applicant and a sum of Rs.2.20 Crore has been paid to the respondents in five yearly installments, but the respondents are creating hindrance in complying with the said MOU. The applicants have made the following prayers in the application filed before the Court below for appointment of the receiver:-

(3.) The respondents in their reply to the application have stated that they are governed by the Vivekananda Global University, Jaipur Act, 2012 (hereinafter referred to as "the VIT Act") by which the University was constituted. It is contended that as per the constitution of the University, it is only the Registrar, who is authorized to enter into any agreement/MOU. It is also contended that even if, the MOU is considered to be a document executed between the parties, in the MOU itself, it is mentioned that any amount, which is paid to the University, has to be paid by cheque. Mr. Mukesh Kumar Singh, who has appeared in person, has submitted before the Court that the entire amount has been paid to the respondents, which fact is emphatically denied by the counsel for the respondents. This Court asked the applicants to furnish a proof of deposit of the amount with the respondents, to which Mr. M.K. Singh has produced some receipts given to the students on account of fees. There is no document as such which goes to show that the amount of Rs.2.20 Crore was paid or deposited in the account of the University by the applicants.