Pearson India Education Services Private Limited, Bengaluru v. Green Valley Public School, Ahmedgarh
2016-02-15
S.ABDUL NAZEER
body2016
DigiLaw.ai
ORDER : S. Abdul Nazeer, J. This civil miscellaneous petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short the Act) has been filed by the petitioner for appointment of an Arbitrator to adjudicate the dispute which has arisen in relation to the Agreement at Annexure 'A' dated 9.12.2010. 2. I have heard the learned Counsel for the parties. 3. It is evident from the certificate of incorporation at Annexure 'B2'that the agreement holder company namely, Manipal K12 Education Pvt. Ltd., has changed its name from Manipal K12 Education Pvt. Ltd. to Pearson Education Services Pvt. Ltd. The said Pearson Education Services Pvt. Ltd. was 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 dated 28.8.2014 (Annexure 'B1'). Thereafter, the said M/s. Tutor Vista Global Private Limited has changed its name from Tutor Vista Global Private Limited to Pearson India Education Services Pvt. Ltd., which is clear from the certificate of incorporation at Annexure 'B' dated 13.9.2014. 4. The agreement at Annexure 'A' contains an arbitration clause for adjudication of the dispute. It is clear that a dispute has arisen between the parties in relation to the aforesaid agreement. It is just and proper to appoint and arbitrator to adjudicate the dispute. 5. Therefore, the civil miscellaneous petition is allowed. Sri. Bolar Yeshwanth Kumar, retired Civil Judge, No. 23/8, Hospital Road, Opposite Amanath Co-operative Bank, Shivajinagar, Bengaluru - 560001, is appointed as an Arbitrator to adjudicate the dispute in relation to the aforesaid agreement. 6. Registry is directed to send a copy of this order to the learned Arbitrator, forthwith. Petition allowed.