Indu Malhotra, J. - (1.) The present Special Leave Petition has been filed challenging Final Judgment & Order dated 18.09.2018 in Writ Petition No. 1413 of 2017 passed by the Hon'ble High Court of Judicature at Bombay, Bench at Aurangabad.
(2.) On 20.10.2012 the Petitioner entered into a MoU with the Respondent - University whereby the Respondent - University entrusted the work of 'Web Enabling' and providing necessary web-services to the Petitioner. The MoU was Amended on 07.04.2016 whereby Clause 3.5 was inserted, which reads as under : "3.5 Dr. Bamu & NSSPL shall mutually decide, finalize and agree upon the Terms & Conditions including financial terms to handover the Intellectual Property Rights, Ownership Transfer to DR. BAMU as and when required and decided upon."
(3.) The said MoU contained an arbitration clause which reads as under : "12. ARBITRATION12.1 All and any disputes and claims arising out of or relating in any manner to this MoU or a breach, termination, non-performance, interpretation or validly thereof, shall first be discussed in good faith by officers duly nominated for the purpose by each party, with a view to resolving the same.12.2 All and any disputes and claims as aforesaid, which cannot be fully and satisfactorily resolved or settled by the parties as aforesaid, shall at the request of either party, be submitted at Aurangabad to arbitration. In such a case, a joint request by NSSPL and BAMU will be made to an eligible and competent person to act as an Arbitrator. The appointment and the proceedings of arbitration will be subject to the provisions of Indian Arbitration & Conciliation Act, 1996 as amended from time to time. The cost of appointing the arbitrator shall be equally shared by the parties herein.";