Sh Rahul Sehgal vs Fiitjee Ltd on 2 December, 2022

[Cites 2, Cited by 0]

Delhi High Court - Orders

Sh Rahul Sehgal vs Fiitjee Ltd on 2 December, 2022

Bench: Prateek Jalan

                            $~33
                            *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +     ARB.P. 1365/2022
                                  SH RAHUL SEHGAL                                    ..... Petitioner
                                                   Through:     Mr. Kartik Vashisht, Mr. Abhishek
                                                                Yadav, Mr. Alok Tripathi & Ms.
                                                                Anjali Gupta, Advocates.
                                                            versus
                                  FIITJEE LTD                                     ..... Respondent
                                                     Through: None.
                            CORAM:
                            HON'BLE MR. JUSTICE PRATEEK JALAN
                                              ORDER

% 02.12.2022 I.A. 20271/2022(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

ARB.P. 1365/2022

1. By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate disputes arising between the parties under a contract for employment, which is sought to be evidenced by exchange of emails between the parties on 27.01.2016. By way of the said agreement, the petitioner was appointed to a faculty position in the respondent- FIITJEE Ltd. ["FIITJEE"].

2. The agreement between the parties incorporated terms of the FIITJEE's "Service Rules for the Employees of FIITJEE" which contains an arbitration clause in Rule 38(a). The adjudication of disputes is to be conducted by a sole arbitrator, and Delhi/New Delhi has been designated as the venue of the arbitration. By virtue of Rule 38(b) thereof, exclusive Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:03.12.2022 13:13:41 ARB.P. 1365/2022 Page 1 of 2 jurisdiction over disputes are vested in courts in Delhi/New Delhi.

3. By way of a notice dated 29.11.2018, the petitioner expressed his intention to resign upon six months' notice. However, on 29.01.2019, a show cause notice was issued to him by FIITJEE, and he was terminated from service on 06.02.2019. Disputes have thus arisen between the parties, including as to the petitioner's claim for non-payment of salary, and compensation for illegal termination. The petitioner invoked the arbitration clause by a legal notice dated 09.10.2020.

4. The petitioner had also instituted a civil suit before the District Courts, Saket [CS No. 201/2019], in which FIITJEE made an application under Section 8 of the Act. By an order dated 15.02.2021, the learned Additional District Judge allowed the application of FIITJEE, and disposed of the suit.

5. Issue notice to FIITJEE by all permissible modes, including email. Dasti service, in addition, is permitted. Notice may also be served to the learned counsel who appeared on behalf of FIITJEE before the District Courts, Saket.

6. Affidavit of service be filed within two weeks.

7. In the event FIITJEE wishes to resist the appointment of an arbitrator, it may file a reply to the petition within two weeks after service positively.

8. List on 03.02.2023.

PRATEEK JALAN, J DECEMBER 2, 2022 'pv'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:03.12.2022 13:13:41 ARB.P. 1365/2022 Page 2 of 2

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders