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M/s. Pearson India Education Services Private Limited (Formerly known as Tutor Vista Global Pvt. Ltd.), Represented by its Authorised Representative Philip Rajan v/s Yasoda Concept School, Represented by its Secretary, Andhra Pradesh


Company & Directors' Information:- INDIA EDUCATION SERVICES PRIVATE LIMITED [Active] CIN = U80301DL2011PTC226705

Company & Directors' Information:- PEARSON INDIA EDUCATION SERVICES PRIVATE LIMITED [Active] CIN = U72200TN2005PTC057128

Company & Directors' Information:- B N GLOBAL PRIVATE LIMITED [Active] CIN = U15400PB2014PTC038543

Company & Directors' Information:- K V GLOBAL PRIVATE LIMITED [Active] CIN = U24100DL2014PTC263567

Company & Directors' Information:- GLOBAL CORPORATION LIMITED [Active] CIN = L74999DL1992PLC048880

Company & Directors' Information:- T & I GLOBAL LTD. [Active] CIN = L29130WB1991PLC050797

Company & Directors' Information:- GLOBAL I T SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2004PTC127805

Company & Directors' Information:- GLOBAL E-SERVICES PRIVATE LIMITED [Active] CIN = U17116MH1947PTC005768

Company & Directors' Information:- K G GLOBAL PRIVATE LIMITED [Active] CIN = U74999DL2000PTC104788

Company & Directors' Information:- A. V. GLOBAL CORPORATION PRIVATE LIMITED [Active] CIN = U63090DL2007PTC159315

Company & Directors' Information:- GLOBAL EDUCATION LIMITED [Active] CIN = L80301MH2011PLC219291

Company & Directors' Information:- GLOBAL EDUCATION LIMITED [Active] CIN = U80301MH2011PLC219291

Company & Directors' Information:- A N GLOBAL LIMITED [Active] CIN = U92110MH1985PLC035269

Company & Directors' Information:- D S GLOBAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071516

Company & Directors' Information:- J R L EDUCATION SERVICES PRIVATE LIMITED [Active] CIN = U51109WB2005PTC105521

Company & Directors' Information:- PEARSON EDUCATION SERVICES PRIVATE LIMITED [Amalgamated] CIN = U72900KA2000PTC026506

Company & Directors' Information:- A B C GLOBAL PRIVATE LIMITED [Active] CIN = U51909PB2011PTC035103

Company & Directors' Information:- GLOBAL EDUCATION PRIVATE LIMITED [Active] CIN = U80301MH2011PTC219291

Company & Directors' Information:- I A T GLOBAL COMPANY PRIVATE LIMITED [Active] CIN = U24116DL1997PTC084916

Company & Directors' Information:- J D GLOBAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC091270

Company & Directors' Information:- B N G GLOBAL INDIA LIMITED [Active] CIN = U52590DL2011PLC225377

Company & Directors' Information:- N K COMPANY (GLOBAL) PRIVATE LIMITED [Active] CIN = U52390WB2010PTC153624

Company & Directors' Information:- K B K GLOBAL PRIVATE LIMITED [Active] CIN = U24296DL2016PTC290487

Company & Directors' Information:- M & D GLOBAL PRIVATE LIMITED [Active] CIN = U31101UP1974PTC003937

Company & Directors' Information:- V R GLOBAL PRIVATE LIMITED [Active] CIN = U45200WB2007PTC120797

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- M M GLOBAL PRIVATE LIMITED [Strike Off] CIN = U29120WB1986PTC041280

Company & Directors' Information:- R V GLOBAL PRIVATE LIMITED [Active] CIN = U74990MH2009PTC195301

Company & Directors' Information:- S K GLOBAL SERVICES LIMITED [Strike Off] CIN = U74140WB2008PLC130221

Company & Directors' Information:- M M C GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U11200MH2010PTC206910

Company & Directors' Information:- K & S GLOBAL SERVICES PRIVATE LIMITED [Active] CIN = U93000DL1996PTC082621

Company & Directors' Information:- S R GLOBAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1997PTC084553

Company & Directors' Information:- I - GLOBAL SERVICES PRIVATE LIMITED [Active] CIN = U72900GJ2010PTC059452

Company & Directors' Information:- H V GLOBAL PRIVATE LIMITED [Active] CIN = U18101DL2000PTC103960

Company & Directors' Information:- R P GLOBAL PRIVATE LIMITED [Strike Off] CIN = U74990MH2009PTC193409

Company & Directors' Information:- M S GLOBAL PRIVATE LIMITED [Active] CIN = U70100MH2008PTC213273

Company & Directors' Information:- R S V GLOBAL LIMITED [Strike Off] CIN = U51909DL1994PLC059032

Company & Directors' Information:- PEARSON INDIA PRIVATE LIMITED [Amalgamated] CIN = U22210DL2008PTC186245

Company & Directors' Information:- N B GLOBAL (INDIA) PRIVATE LIMITED [Active] CIN = U15122UP2012PTC051614

Company & Directors' Information:- V H EDUCATION SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2012PTC062979

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- CONCEPT CORPORATION INDIA PRIVATE LIMITED [Active] CIN = U74999HR2017PTC068809

Company & Directors' Information:- S H EDUCATION SERVICES LIMITED [Active] CIN = U80903GJ2010PLC062618

Company & Directors' Information:- PHILIP & CO LTD [Strike Off] CIN = U36900WB1930PLC019108

Company & Directors' Information:- GLOBAL SERVICES (C & F ) PRIVATE LIMITED [Active] CIN = U60300MH1982PTC027712

Company & Directors' Information:- A K EDUCATION SERVICES PRIVATE LIMITED [Active] CIN = U80901WB2013PTC195351

Company & Directors' Information:- RAJAN AND CO. PRIVATE LIMITED [Strike Off] CIN = U51909KA1985PTC006719

Company & Directors' Information:- VISTA CORPORATION PRIVATE LIMITED [Amalgamated] CIN = U51909GJ2013PTC073375

Company & Directors' Information:- E-CONCEPT (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72200GJ2000PTC037678

Company & Directors' Information:- M C S RAJAN AND CO PVT LTD [Strike Off] CIN = U51102KL1983PTC003668

Company & Directors' Information:- VISTA SERVICES PRIVATE LIMITED [Strike Off] CIN = U67190MH1998PTC116689

Company & Directors' Information:- CONCEPT EDUCATION PRIVATE LIMITED [Active] CIN = U80903BR2011PTC017035

Company & Directors' Information:- S RAJAN AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999MH1953PTC009048

Company & Directors' Information:- M. K. GLOBAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U72300MH2014PTC259803

Company & Directors' Information:- A M GLOBAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC261061

Company & Directors' Information:- GLOBAL INDIA SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC242295

Company & Directors' Information:- L S A GLOBAL INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900TG2015PTC098308

Company & Directors' Information:- R L GLOBAL INDIA PRIVATE LIMITED [Strike Off] CIN = U52300HP2014PTC000764

Company & Directors' Information:- G P M EDUCATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2012PTC033572

Company & Directors' Information:- A V EDUCATION SERVICES PRIVATE LIMITED [Active] CIN = U80302DL2005PTC140852

Company & Directors' Information:- CONCEPT TO EDUCATION PRIVATE LIMITED [Active] CIN = U80903DL2013PTC250721

Company & Directors' Information:- G R GLOBAL PRIVATE LIMITED [Active] CIN = U70102KA2013PTC069586

Company & Directors' Information:- F & F EDUCATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U80301GJ2010PTC060694

Company & Directors' Information:- H. E. GLOBAL PRIVATE LIMITED [Active] CIN = U72901GJ2016PTC092866

Company & Directors' Information:- CONCEPT SERVICES PRIVATE LIMITED. [Strike Off] CIN = U66000DL1992PTC047684

Company & Directors' Information:- CONCEPT SERVICES PVT LTD [Strike Off] CIN = U07414MP1987PTC004082

Company & Directors' Information:- P T RAJAN PRIVATE LIMITED [Strike Off] CIN = U74999TN1964PTC005196

    Civil Miscellaneous Petition No. 155 of 2016

    Decided On, 03 October 2018

    At, High Court of Karnataka

    By, THE HONOURABLE CHIEF JUSTICE MR. DINESH MAHESHWARI

    For the Petitioner: B.L. Mayanna, T.S. Amar Kumar, Advocates. For the Respondent: Adinarayan, Advocate.



Judgment Text

(Prayer: This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration And Conciliation Act 1996, praying to appoint an arbitrator in terms of the arbitration agreement contained in the Agreement Dated 3rd June, 2010 to resolve the dispute between the petitioner and the respondent, by appointing Mr. Yeshwanth Kumar, Civil Judge (Retired), Bengaluru as sole arbitrator and etc.)

By way of this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('the Act of 1996'), the petitioner - Company has made the request for appointment of Arbitrator to adjudicate upon and decide all its disputes with the respondent, arising out of and relating to the agreement dated 03.06.2010, concerning "providing for Instructional and Computing Technologies (ICT) solutions involving comprehensive education infrastructure implementation, teacher training and content development together with hardware components required for their effective dissemination for their school on BOOT (Build Operate Own and Transfer) model".

The present petitioner, as being the successor of the original contracting company, in paragraph 2 of the petition has stated thus:

"2. Believing the representations, assurances and promising prospects made by the Respondent, the Company entered into an Agreement dated 3rd June, 2010 (Agreement) with the Respondent. The original of the said Agreement dated 3rd June 2010 is filed herewith and marked as nnexure-A". the Agreement holder Company, namely, "Manipal K12 Education Private Limited" has changed its name from Manipal K12 Education Pvt. Ltd to Pearson Education Services Private Ltd. The said Pearson Education Services Private Ltd has been merged with M/s. Tutor Vista Global Private Limited by virtue of the order passed by the Hon'ble High Court of Judicature, Madras in Co.P.No.240/2014. Thereafter, the said M/s. Tutor Vista Global Private Limited has changed its name from Tutor Vista Global Private Limited to petitioner. The copies of the Certificates consequent on change of name and order passed by the Hon'ble High Court of Judicature, Madras in co.P.No.240/2014 is filed herewith and marked as Annexure-B, B1 & B2."

The petitioner has averred that in terms of the agreement aforesaid, services were provided to the respondent, but the respondent failed to make payment of the dues under the agreement. Therefore, the petitioner was constrained to invoke arbitration clause by legal notice dated 04.12.2014 appointing a Sole Arbitrator. It is pointed out that the respondent did not reply to the said notice.

Learned counsel for the respondent has endeavored to argue that the contract of the respondent was only with the company known as 'Manipal K12 Education Private Limited'; and any arbitration clause contained in such an agreement with the said company cannot be taken recourse of by the petitioner.

This submission remains bereft of substance and cannot be accepted for the simple reason that as per the material placed on record, the petitioner-company is ultimately the successor to the rights, liabilities and obligations of the company-'Manipal K12 Education Pvt. Ltd.'; and for the purpose of the dispute under the agreement in question, the petitioner-company is entitled to invoke the arbitration clause that provides for resolution of all disputes and differences, whether during the continuance of the agreement or after its discharge or determination, by the sole arbitrator. The petitioner having stepped in the shoes of the said 'Manipal K12 Education Private Limited', is entitled to invoke arbitration clause in this case.

Now, the limited aspect required to be considered in this application is as to whether there exists an arbitration agreement between the parties?

In fact, the existence of arbitration agreement in this matter is apparent on the face of the record. The arbitration clause, being Clause 16.10 in the Service Agreement, reads as under:

"All disputes and differences whatsoever which may at any time hereafter (whether during the continuance of these presents or upon or after its discharge or determination) arise between the parties hereto in respect of, concerning, touching or arising out of these presents, shall be amicably settled in the first instance failing which it shall be referred to arbitration. The arbitration shall be conducted by a sole arbitrator to be mutually agreed upon by the parties and in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 with any statutory modifications or re-enactments thereof for the time being in force. The venue of the Arbitration shall be Bangalore only. The expenses of the Arbitration proceedings shall be shared by each party in equal proportion or as per the decision of the Arbitrator."

From the material placed on record, it is evident that the petitioner sent the notice aforesaid demanding payment and invoking arbitration clause. In the totality of circumstances, where the petitioner is asserting its right of money recovery against the respondent and the parties have apparently not been able to resolve the dispute and appear to be standing at conflict; and for the reason of failure of the procedure for appointment of arbitrator, it is just and proper that an independent arbitrator be appointed to adjudicate upon and decide the dispute between the parties, including their claims, counter claims and objections.

Having regard to the circumstances of the case and the nature of dispute, it appears just and proper that Shri D. Krishnappa, Retired District Judge, be appointed to act as an Arbitrator to resolve the dispute between the parties under the provisions of the Act of 1996, as per the Rules governing the Arbitration Centre at Bengaluru.

Accordingly, this petition is disposed of by appointing Shri D. Krishnappa, Retired District Judge, to enter into the said reference and to act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing the said Arbitration Centre.

In the interest of justice, it is made clear that the Arbitrator shall adjudicate upon and decide all the disputes between the p

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arties including their claims, counter claims and objections relating to the agreement in question. The requirements of the Arbitration and Conciliation Act, 1996, [as amended by the Arbitration and Conciliation (Amendment) Act, 2015], shall be complied with by all the concerned. Needless to observe that all the questions arising between the parties in this matter shall remain open for determination in the arbitration proceedings. A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter on administrative side and also to Shri D. Krishnappa, on the address available with the said Arbitration Centre, Bengaluru.
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