JUDGMENT

Jyoti Singh, J. (Oral)

1. This petition has been filed by the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `1996 Act') for appointment of an independent sole Arbitrator to adjudicate the claims of the Petitioner.

2. A Memorandum of Understanding was executed between the parties on 16.05.2012 under which Petitioner was to provide education services and assistance to the Respondents for running a school situated at Village Ushayani, Firozabad, U.P. in return of quarterly payment as royalty. As per Clause 16 of the MoU, royalty calculated at 10% of the school's revenues for the first three years and at the rate of 12% of school's revenues after the first three years of operation were payable on quarterly basis to the Petitioner on or before the 10th of the first month of each quarter. According to the Petitioner, in addition to this, under Clause 9, Respondents were obliged to provide all financial and other details about the day-to-day running of the school to calculate the royalty payable. Petitioner urges that Respondents failed in the performance of their obligations under the MoU and instead of paying the outst