Dismissed

Western Institute of Technology v. Karnataka State Open University

Karnataka HC1 Apr 2024WP/42176/2015

Case brief

AI extract

What is this about?

This order on two writ petitions involving cancellation of Memorandums of Understanding between private entities and Karnataka State Open University reserved liberty for petitioners to invoke the arbitration clauses included therein to adjudicate their grievances regarding the cancellations. The court dismissed the quashing petitions without detailed reasoning.

What did the court decide?

Petitioners granted liberty to seek adjudication of disputes arising from MOUs by invoking the arbitration clause contained therein.

Western Institute of Technology Vs Karnataka State Open… — Arbitration | Karnataka HC (2024)

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NC: 2024:KHC:13390 WP No. 42176 of 2015 C/W WP No. 6564 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 42176 OF 2015 (EDN-REG)

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C/W

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WRIT PETITION NO. 6564 OF 2017(EDN-RES)

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WP No.42176/2015:

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BETWEEN:

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WESTERN INSTITUTE OF TECHNOLOGY OPPOSITE CIRCUIT HOUSE, KADRI HILLS, MANGALORE-004, REPRESENTED BY ITS AUTHOIZED SIGNATORY WALTER STEPHEN MENDES. .. PETITIONER

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(BY SRI.RAJASHEKAR S., ADVOCATE)

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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AND:

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KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTHRI, MYSORE, REPRESENTED BY ITS REGISTRAR.

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UNIVERSITY GRANTS COMMISSION, MINISTRY OF HUMAN RESOURCES GOVERNMENT OF INDIA, BAHADUR SHAH ZAFAR MARG

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2 - NC: 2024:KHC:13390 WP No. 42176 of 2015 C/W WP No. 6564 of 2017

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NEW DELHI

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REP. BY CHAIRMAN. .. RESPONDENTS

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(BY SRI. T P RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1: SRI H.R.SHOWRI, ADVOCATE FOR R2)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD.5.9.2015 ISSUED BY RESPONDENT VIDE ANNEX-A.

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WP No.6564/2017:

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BETWEEN:

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ILA CREATIVE TECHNOLOGIES PVT. LTD. # 64, 13^TH CROSS, 3^RD PHASE, JP NAGAR, BANGALORE – 78, REPRESENTED BY ITS AUTHORISED SIGNATORY HAZRAT GOUSE KHAN SON OF MOHAMMEDHANEEF

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AGED ABOUT 35 YEARS. .. PETITIONER

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(BY SRI.SARAVANA S., ADVOCATE)

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AND:

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KARNATAKA STATE OPEN UNIVERSITY MUKTHAGANGOTHRI, MYSORE, REPRESENTED BY ITS REGISTRAR.

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UNIVERSITY GRANTS COMMISSION, MINISTRY OF HUMAN RESOURCES

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3 - NC: 2024:KHC:13390 WP No. 42176 of 2015 C/W WP No. 6564 of 2017

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GOVERNMENT OF INDIA, BAHADUR SHAH ZAFAR MARG

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NEW DELHI .. RESPONDENTS

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(BY SRI. T P RAJENDRA KUMAR SUNGAY, ADVOCATE FOR R1: SRI H.R.SHOWRI, ADVOCATE FOR R2)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD.4.6.2016 ISSUED BY RESPONDENT 1 VIDE ANNEX-D AND QUASH PUBLIC NOTICE DATED 30.1.2017 ISSUED BY R1.

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners are before this Court seeking for the following reliefs:

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In WP No.42176/2015:

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a) Issue writ of certiorari or any other appropriate writ or order quashing the notification dated 5.9.2015 passed in No.KSOU/AB/EST/1/236/2011-12 issued by respondent as per Annexure-A.

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In WP No.6564/2017:

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a) Issue a writ in the nature of certiorari to quash the notification

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4 - NC: 2024:KHC:13390 WP No. 42176 of 2015 C/W WP No. 6564 of 2017

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No.KSOU/RPA/TER/MOU-01/2016-17 dated 4.6.2016 produced as Annexure D issued by the 1^st respondent and also

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b) Issue a writ in the nature of certiorari to quash Annexure-E the public notice in No.KSOU/AB/EST-01/314/2016-17 /C.No.1253 dated 30.01.2017 issued by the 1^st respondent.

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The grievance of the petitioners is that the agreement entered into by the petitioners with the first respondent has been cancelled without any reason. A similar matter had arisen before this Court, this Court by its order dated 01.08.2017 in W.P.No.205755/2016 permitted the petitioner therein to invoke the arbitration clause to resolve the commercial disputes between the parties.

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In that view of the matter, the said order would also be applicable to the petitioners in the present matters. As such, I pass the following:

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5 - NC: 2024:KHC:13390 WP No. 42176 of 2015 C/W WP No. 6564 of 2017

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ORDER

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(i) The petitions are disposed of reserving liberty to the petitioner to seek adjudication of the dispute arising out of the memorandum of understanding dated 27.09.2012 and 06.06.2015, respectively, by invoking arbitration clause contained therein.

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Sd/JUDGE

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CM List No.: 1 Sl No.: 72

Western Institute of Technology v. Karnataka State Open University

Case brief

What is this about?

What did the court decide?

Western Institute of Technology v. Karnataka State Open University

Case brief

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