In Brief
Nirmal Software Services entered into a Memorandum of Understanding (MoU) with a university to provide web services. A dispute arose over payment under a purchase order placed pursuant to the MoU. The petitioner sought mandamus in the High Court to compel payment, but the High Court dismissed the petition, noting the MoU contained an arbitration clause requiring disputes to be resolved through arbitration first. The Supreme Court upheld this dismissal. On the parties' joint request, the Court appointed a retired judge as sole arbitrator under the Arbitration and Conciliation Act, 1996, subject to the arbitrator making required declarations of independence and impartiality, with a 12-month timeline to complete the arbitration.
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