Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Siddharth Sharma vs Fiitjee Ltd on 5 March, 2021

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                         $~6
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     ARB.P. 25/2021
                               SIDDHARTH SHARMA                                    ..... Petitioner
                                                  Through Mr Kushagra Bansal, Advocate.

                                                  versus

                               FIITJEE LTD.                                   ..... Respondent
                                                  Through Mr Mohit Gupta, Advocate.

                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                       ORDER

% 05.03.2021 [Hearing held through videoconferencing] IA 121/2021

1. Allowed, subject to all just exceptions.

2. The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act'), inter alia, praying that an Arbitrator be appointed to adjudicate disputes that have arisen in respect of the petitioner's contract for employment with the respondent.

3. The petitioner claims that he was appointed as a Senior Executive in terms of an appointment letter dated 07.06.2015. Admittedly, disputes have arisen between the parties in respect of the said employment contract. The petitioner had resigned from his services with the respondent on 19.06.2019.

The petitioner claims that since the respondent has withheld his dues, he was constrained to issue a notice dated 23.10.2020 for invoking the Arbitration Clause in terms of Clause 24(a) of the terms and conditions, as applicable to the employment.

4. The learned counsel appearing for the respondent states that the petitioner has relied upon the terms and conditions of the employment of another employee, but the Arbitration Clause is identical and there is no dispute regarding the existence of the Arbitration Agreement. He further states that he has no objection if the parties are referred to Arbitration and an independent Arbitrator is appointed.

5. The Arbitration Clause is set out below: -

"24 (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. FITJEE Ltd.. The Sole Arbitrator can be one of the Independent Director of the Company. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation 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 shareholders and that he may have been dealing with the Company or had occasion to deal with any matter of this agreement shall not disqualify him. 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."

6. In view of the above, this Court considers it apposite to allow the Signature Not Verified Digitally Signed By:DUSHYANT RAWAL present petition. Accordingly, Mr Balwan Singh Chumbak, ADJ (Retd.) (Mobile No. 9717577008) is proposed to be appointed as the Sole Arbitrator to adjudicate the disputes between the parties.

7. In terms of Section 11(8) of the A&C Act, the learned Arbitrator may furnish his consent and make the necessary disclosure as required under Section 12 (1) of the A&C Act

8. List for the aforesaid purpose on 19.03.2021.

VIBHU BAKHRU, J MARCH 5, 2021 pkv Signature Not Verified Digitally Signed By:DUSHYANT RAWAL