Delhi High Court - Orders
Sujay Kumar Jha vs Fiitjee Ltd on 8 March, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 42/2021
SUJAY KUMAR JHA ..... Petitioner
Through: Mr. Kushagra Bansal, Advocate.
versus
FIITJEE LTD. ..... Respondent
Through: Mr. Mohit Gupta, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 08.03.2021
[VIA VIDEO CONFERENCING]
1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as the 'Act'] seeks appointment of a Sole Arbitrator.
2. The Petitioner joined the employment of the Respondent as an "Associate Professor A-2" vide appointment letter dated 22nd August, 2014. The appointment letter states that the salary and service conditions of the Petitioner's employment shall be governed by the 'Service Rules Manual', 'Pay, Allowances and Perquisites Policy' and 'Manual of Code of Conduct'. For the purpose of the present case, we shall only refer to the 'Service Rules Manual' which contains the arbitration clause that reads as follows: -
"36. (a) All disputes and differences of any nature with regard to the FIITJEE service manual and the interpretation & adjudication of clauses and claims respectively shall be referred to the Sole Arbitrator appointed by the Company i.e. FIITJEE Ltd. The employee hereby agrees to the appointment of the Sole Arbitrator by the company i.e. FIITJEE Ltd. whenever any dispute arises. The employee undertakes not to oppose the said appointment of the Sole Arbitrator. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:15.03.2021 12:01 Act, 1996 and statutory modification thereof & rules made thereunder. The award of arbitrator shall be final & binding on both the parties. The award of the arbitrator shall be final & binding on every matter arising hereunder. It is further agreed that in spite of the fact that the Sole Arbitrator may be known to any of the Directors or share holders or may have been appointed as an arbitrator earlier by the company shall not disqualify him. Even if the Arbitrator may have expressed opinion in similar matter earlier shall not render him disqualified. The venue of the arbitration shall be Delhi/New Delhi only.
(b) Subject to 36 (a) hereinabove, the exclusive jurisdiction in the matter shall vest in Delhi/New Delhi Courts."
3. Mr. Mohit Gupta, learned counsel for the Respondent, does not dispute the existence of the arbitration agreement or the fact that disputes have arisen between the parties which are now required to be adjudicated by way of arbitration mechanism.
4. In view of the above, Mr. V.K. Malhotra (Retd.) Additional District Judge [+91 9810619528] is appointed as the Sole Arbitrator to adjudicate the dispute that have arisen between the parties under the agreement.
5. The parties are directed to appear before the learned Arbitrator as and when notified. This is subject to the Arbitrator making the necessary disclosure under Section 12(1) of the Act and not being ineligible under Section 12(5) of the Act.
6. The learned Arbitrator will be paid his fee in terms of the provisions of the Fourth Schedule appended to the Act.
7. Accordingly, the petition stands disposed of.
SANJEEV NARULA, J MARCH 8, 2021/nd Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:15.03.2021 12:01