Delhi High Court - Orders
Fiitjee Ltd vs Ms Pallavi Moghe And Anr on 20 December, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 836/2023
FIITJEE LTD ..... Petitioner
Through: Mr. Mukesh M. Goel, Mr. Dilip Arya
and Ms. Priya, Advs.
versus
MS PALLAVI MOGHE AND ANR .... Respondents
Through: Mr. Paresh B. Lal, Adv.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 20.12.2023
1. The present petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (the "A&C Act") seeks appointment of an independent sole arbitrator to adjudicate the disputes between the parties.
2. The disputes between the petitioner and the respondents have arisen in context of an Employment Agreement dated 15.04.2014
3. Admittedly, the applicable Rules of Service and Code of Conduct governing the said agreement contains an arbitration clause in the following terms:
"Clause 36(a):
All disputes and differences of any nature with regard to FIITJEE service manual and the interpretation & adjudication of clauses and claim respectively shall be referred to the sole arbitrator appointed by the company i.e. FIITJEE LTD. the employ hereby agrees to the appointment of the sole arbitrator by the company i.e FITTJEE Ltd. whenever any disputes arisen. The employee undertakes not to oppose the said appointment of the sole arbitrator. The arbitrator proceeding shall be conducted in accordance with the provision of the arbitration & conciliation Act 1996 and be conducted in accordance with the provision of the arbitration and conciliation Act 1996 and statutory modification thereof & rules made This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2023 at 00:05:47 thereunder. The award of arbitration 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 director or shareholders 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 also not render him disqualified the venue of the arbitration shall be DELHI/ NEW DELHI only."
4. Disputes have arisen between the parties on account of alleged breach of employment agreement by the respondent no.1 and alleged outstanding salary payable to the respondent no.1. The respondent no. 1 vide its letter dated 13.06.2023 invoked the arbitration clause raising certain claims on the petitioner. The petitioner vide its letter dated 14.06.2023 also invoked the arbitration clause against the respondent no.1, as also against the respondent no. 2 who stood as surety for the respondent no. 1 and a signatory to the agreement. The said letter was not replied by the respondents.
5. Therefore, the present petition was filed for the appointment of an independent sole arbitrator to adjudicate the dispute between the parties.
6. The existence of the arbitration agreement in the employment agreement is not in dispute. In the circumstances, there is no impediment in appointing an independent sole Arbitrator as contemplated in the judgment of the Supreme Court in Perkins Eastman Architects DPS vs. HSCC (India) Ltd. AIR 2020 SC 59.
7. Accordingly, Sh. Raman Yadav, Advocate (+91 9999345388) is appointed as the sole Arbitrator to adjudicate the disputes between the parties.
8. It is made clear that the respondents would be at liberty to urge its preliminary objection/s, including those relating to jurisdiction/arbitrability before the learned sole arbitrator, and including objection/s relating to This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2023 at 00:05:47 impleadment of respondent no.2 in these proceedings. The same shall be decided by learned arbitrator, in accordance with law.
9. The learned Sole Arbitrator may proceed with the arbitration proceedings subject to furnishing to the parties requisite disclosures as required under Section 12 of the A & C Act.
10. It is agreed between the parties that the arbitration shall take place under the aegis of and under the rules of Delhi International Arbitration Centre (DIAC). It is directed accordingly.
11. All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.
12. Needless to say, nothing in this order shall be construed as an expression of opinion of this court on the merits of the contentions of the parties.
13. The present petition stands disposed of in the above terms.
SACHIN DATTA, J DECEMBER 20, 2023/ss This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/12/2023 at 00:05:48