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2022 Supreme(P&H) 1443

RAJ MOHAN SINGH
Extramarks Education India Pvt. Ltd. – Appellant
Versus
Dis Chain Of Institutions – Respondent


Advocates Appeared:
Mr. Gurinder Singh, Advocate for the Appellant; Mr. Mandeep S. Sachdev, Advocate, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioner has preferred this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 read with 'Scheme of Appointment of Arbitrators' for appointment of an Arbitrator to decide the dispute.

2. Petitioner entered into agreements dated 01.04.2011, 21.12.2011, 11.05.2012 and 25.03.2013 with the respondents and agreed to sale, implement, install the hardware and multimedia system accessories for the purpose of setting up 510 Smart Learn Classes at the school premises. Respondents agreed to perform all the obligations under the agreements including the timely clearances of pending dues. The agreements dated 01.04.2011 and 21.12.2011 have the arbitration clause that in case of any dispute in connection with or arising out of agreements or part thereof, the dispute shall be referred to sole Arbitrator to be appointed by the mutual consent of the parties. The venue of the arbitration shall be Jalandhar and the language shall be English. The Courts in Jalandhar shall have the jurisdiction to entertain all the disputes between the parties and fee of the Arbitrator shall be equally shared by both the parties.

3. As per pleadings of the petitione

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