Delhi High Court - Orders
Mohinder Kamboj vs M/S. Fiitjee Limited on 13 April, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1240/2022
MOHINDER KAMBOJ ..... Petitioner
Through: Ms. Sangeeta Bala and Mr. Sanjay
Visen, Advocates
versus
M/S. FIITJEE LIMITED ..... Respondent
Through: Mr. Dharmender Kumar and Ms.
Priya, Advocates
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 13.04.2023
1. The instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner seeking the following reliefs:
"a) allow the present application and appoint a suitable Sole Arbitrator to settle/adjudicate the dispute arising between the parties hereto.
b) pass any other or further order this Hon'ble court deems fit and proper in the facts and circumstances of the case."
2. The learned counsel appearing on behalf of the petitioner submitted that the petitioner before this Court was appointed as a Manager (Administration) in the respondent Company vide employment letter dated 20th December 2011. The petitioner worked with the respondent till 20 th Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:19.04.2023 18:08:08 March 2021, and thereafter, his services were terminated by the respondent.
3. It is submitted that after the termination of services the petitioner has made several efforts, including sending remainders both oral and written to the respondent, seeking release of the dues in his favour, however, the respondent has not paid the dues of the petitioner by settling his accounts as full and final, including salaries, leave encashment, sincerity benevolent security, gratuity, ESOPs and conveyances, which have added up to Rs. 8,92,630/-.
4. It is further submitted that there exists an arbitration clause i.e. Clause 23 (a) in the Service Rules for Employees of respondent, signed by the petitioner on 21th December 2011, in accordance of which the petitioner invoked arbitration vide notice dated 10th August, 2022 and thereafter, the respondent vide its reply dated 25th August, 2022 nominated its sole arbitrator to adjudicate the said dispute between the parties. However, the petitioner vide his reply dated 7th September, 2022 did not consent to the sole arbitrator nominated by the respondent.
5. Therefore, it is prayed on behalf of the petitioner that an independent and impartial sole arbitrator be appointed by this Court in order to adjudicate the disputes arising between the parties.
6. The learned counsel for the respondent opposed the contentions raised on behalf of the petitioner and the submissions made on merits of the case. However, the learned counsel for the respondent fairly conceded that there are arbitral disputes between the parties which may be adjudicated by an independent sole arbitrator appointed by this Court.
7. Heard the learned counsel for the parties and perused the record.
8. A perusal of the record and consideration of the submissions made on Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:19.04.2023 18:08:08 behalf of the parties reveal that there are arbitral disputes between the parties which are arising out of the employee-employer relationship between them. There exists an arbitration clause in the Service Rules for Employees which has been duly invoked by the petitioner by way of furnishing a Notice under Section 21 of the Arbitration and Conciliation Act, 1996.
9. Since, all requisites for reference to arbitration are being met in the instant case and the parties are also in consensus that the disputes arising amongst them may be referred to arbitration, this Court is inclined to appoint an arbitrator for adjudication of disputes between the parties.
10. Accordingly, the following Order:-
ORDER
(i) Ms. Neelakshi Bhadauria, Advocate is appointed as a sole arbitrator to adjudicate the disputes between the parties which have arisen between the parties;
(ii) The learned sole arbitrator, before entering the arbitration reference, shall ensure the compliance of Section 12(1) of the Arbitration and Conciliation Act, 1996;
(iii) The learned sole arbitrator shall be paid fees as prescribed under the Delhi International Arbitration Centre (Administrative Cost and Arbitrators Fees) Rules, 2018 as amended vide notification dated 15 th November, 2022;
(iv) At the first instance, the parties shall appear before the learned sole arbitrator within 10 days from today on a date which may be mutually fixed by the learned sole arbitrator;
(v) All contentions of the parties are expressly kept open.
11. A copy of the order be forwarded to the learned sole arbitrator on the Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:19.04.2023 18:08:08 following address:
Ms. Neelakshi Bhadauria, Advocate Address: A/152, IV Floor, Defence Colony New Delhi - 110024 Phone No.: +91-8053461050 Email ID: [email protected]
12. The petition is disposed of in the aforesaid terms.
CHANDRA DHARI SINGH, J APRIL 13, 2023 gs/ms Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:19.04.2023 18:08:08