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Nirmal Software Services Pvt. Ltd. v/s Dr. Babasaheb Ambedkar Marathwada University & Others


Company & Directors' Information:- R S SOFTWARE (INDIA) LTD. [Active] CIN = L72200WB1987PLC043375

Company & Directors' Information:- C K SOFTWARE PRIVATE LIMITED [Active] CIN = U72501DL2000PTC106184

Company & Directors' Information:- K K SOFTWARE PRIVATE LIMITED [Active] CIN = U72900DL2009PTC193030

Company & Directors' Information:- A K C SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128462

Company & Directors' Information:- A S SOFTWARE SERVICES PRIVATE LIMITED [Active] CIN = U72900DL2009PTC195106

Company & Directors' Information:- P AND P SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057212

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1995PTC025791

Company & Directors' Information:- N. D. SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG1998PTC029778

Company & Directors' Information:- T AND H SOFTWARE PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025638

Company & Directors' Information:- M S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133997

Company & Directors' Information:- G A S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC127546

Company & Directors' Information:- B B SOFTWARE LTD [Strike Off] CIN = L30009WB1995PLC072361

Company & Directors' Information:- H K SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200WB2001PTC093967

Company & Directors' Information:- J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TZ2000PTC009229

Company & Directors' Information:- K S M SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128463

Company & Directors' Information:- R B SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC140322

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200RJ1995PTC010577

Company & Directors' Information:- R J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133815

Company & Directors' Information:- H J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG2007PTC056351

Company & Directors' Information:- I & I SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC056262

Company & Directors' Information:- D F SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TZ2003PTC010629

Company & Directors' Information:- E. C. SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72900TN2007PTC063486

Company & Directors' Information:- Q 3 INDIA SOFTWARE PRIVATE LIMITED [Active] CIN = U72900TN2007PTC065786

Company & Directors' Information:- K Y SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136072

Company & Directors' Information:- T M I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2005PTC036299

Company & Directors' Information:- B C L SOFTWARE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U30007MH1999PTC117922

Company & Directors' Information:- C C M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034002

Company & Directors' Information:- M I S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TN2008PTC068694

Company & Directors' Information:- A. T. SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG1996PTC023841

Company & Directors' Information:- J A K SOFTWARE PVT LTD [Active] CIN = U72200DL2001PTC111929

Company & Directors' Information:- R R SOFTWARE PVT LTD [Under Process of Striking Off] CIN = U72200KL1991PTC006051

Company & Directors' Information:- A M H SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC132410

Company & Directors' Information:- P D A SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2003PTC123465

Company & Directors' Information:- K C SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036923

Company & Directors' Information:- NIRMAL SOFTWARE SERVICES PRIVATE LIMITED [Active] CIN = U72300MH1995PTC088197

Company & Directors' Information:- I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72300MH2012PTC225903

Company & Directors' Information:- V M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC136847

Company & Directors' Information:- K M R SOFTWARE SERVICES PRIVATE LIMITED [Active] CIN = U72900TG2013PTC086983

Company & Directors' Information:- H M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200HP2011PTC031756

Company & Directors' Information:- S N R SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2012PTC243073

Company & Directors' Information:- K A V SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC144121

Company & Directors' Information:- C M S SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142352

Company & Directors' Information:- S M I T SOFTWARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL2006PTC144816

Company & Directors' Information:- A D SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2002PTC030722

Company & Directors' Information:- B M SOFTWARE SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200TG2007PTC054190

Company & Directors' Information:- H. A. N. R. E. J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2008PTC062044

    Special Leave Petition (C) No. 30863 of 2018

    Decided On, 09 July 2019

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE ABHAY MANOHAR SAPRE & THE HONOURABLE MS. JUSTICE INDU MALHOTRA

   



Judgment Text

Indu Malhotra, J.

The present Special Leave Petition has been filed challenging Final Judgment & Order dated 18.09.2018 in Writ Petition No. 1413 of 2017 passed by the Hon’ble High Court of Judicature at Bombay, Bench at Aurangabad.

On 20.10.2012 the Petitioner entered into a MoU with the Respondent – University whereby the Respondent – University entrusted the work of ‘Web Enabling’ and providing necessary webservices to the Petitioner. The MoU was Amended on 07.04.2016 whereby Clause 3.5 was inserted, which reads as under :

“3.5 Dr. Bamu & NSSPL shall mutually decide, finalize and agree upon the Terms & Conditions including financial terms to handover the Intellectual Property Rights, Ownership Transfer to DR. BAMU as and when required and decided upon.”

The said MoU contained an arbitration clause which reads as under :

“12. ARBITRATION

12.1 All and any disputes and claims arising out of or relating in any manner to this MoU or a breach, termination, nonperformance, interpretation or validly thereof, shall first be discussed in good faith by officers duly nominated for the purpose by each party, with a view to resolving the same.

12.2 All and any disputes and claims as aforesaid, which cannot be fully and satisfactorily resolved or settled by the parties as aforesaid, shall at the request of either party, be submitted at Aurangabad to arbitration. In such a case, a joint request by NSSPL and BAMU will be made to an eligible and competent person to act as an Arbitrator. The appointment and the proceedings of arbitration will be subject to the provisions of Indian Arbitration & Conciliation Act, 1996 as amended from time to time. The cost of appointing the arbitrator shall be equally shared by the parties herein.”

Disputes arose between the parties with respect to certain communication issued by the Respondent – University, whereby the purchase order in favour of the Petitioner, executed in furtherance of the MoU, was kept in abeyance.

The Petitioner filed Writ Petition No. 1413 of 2017 before the High Court of Judicature at Bombay, Aurangabad bench praying for a Writ of Mandamus directing the Respondent – University to forthwith make payment of the entire consideration under the purchase Order dated 13.05.2019 and declare the action of the Respondent – University in keeping the purchase order in abeyance is illegal and void.

The High Court on 18.09.2018 dismissed the Writ Petition filed by the Petitioner on the ground that the MoU entered into between the parties clearly contains an arbitration clause, which must be given effect to.

Aggrieved, the Petitioner has filed the present SLP. During the course of hearing, this Court vide Order dated 08.04.2019 recorded the submission of the Counsel for the Petitioner to refer the issue to arbitration in terms of the MoU. On the basis of this statement, notice was issued to the Respondent.

On 08.07.2019, the parties jointly requested for the appointment of Mr. Justice Pratap Hardas (Retd.) Judge of the Bombay High Court, as the Sole Arbitrator.

On the joint request of the parties, we appoint Mr. Justice Pratap Hardas (Retd.) as the Sole Arbitrator, subject to the declarations being made under Section 12 of the Arbitration and Conciliation Act, 1996 with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitration within the period of 12 mo

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nths. The parties have agreed to pay fees to the Arbitrator in accordance with the Fourth Schedule to the Arbitration and Conciliation Act, 1996 as amended. As per the MoU, the seat/place of arbitration shall be Aurangabad. A copy of this Order be dispatched to Mr. Justice Pratap Hardas (Retd.). The matter is disposed of accordingly. Pending applications, if any, stand disposed of.
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