In Brief
Nirmal Software Services Pvt. Ltd entered into a Memorandum of Understanding with Babasaheb Ambedkar Marathwada University for web services, which contained an arbitration clause. When the University withheld payment under a purchase order, the petitioner filed a writ petition for mandamus. The High Court dismissed it, holding that the arbitration clause must be exhausted first. The Supreme Court upheld this approach, affirmed the primacy of the arbitration agreement, and appointed a retired Bombay High Court judge as sole arbitrator on the joint request of both parties, subject to statutory declarations of independence and impartiality, with a 12-month completion timeline.
The lawyer headnote and full judgment text are available to registered users.