Delhi High Court - Orders
Ms Madhulika Singh vs Fiitjee Ltd on 20 December, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ARB.P. 1242/2023
MS MADHULIKA SINGH ..... Petitioner
Through: Mr. Paresh B. Lal, Adv.
versus
FIITJEE LTD ..... Respondent
Through: Mr. Mukesh M. Goel, Mr. Dilip Arya
and Ms. Priya, Advs.
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 dispute between the parties have arisen in context of an Employment Agreement ('the agreement') dated 08.03.2011 executed between the parties.
3. Admittedly, the applicable Rules of Service and Code of Conduct governing the agreement contains an arbitration clause in the following terms:
"23 (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 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 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 00:05:41 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.
(b) subject to 23 (a) hereinabove, in case any dispute, regarding the above rules, terms and conditions of service arises, the legal jurisdiction shall be an appropriate court/forum in Delhi/New Delhi only.
(c) In the event of an employee's leaving the institute without following the proper procedure, as laid down here under, and the employee's refusal to meet his obligation towards FIITJEE in letter and spirit of this Manual and Code of Conduct, and the matter becoming subjudice, the employee shall be responsible for all expenses, including wages, fees paid to the legal advisor/consultant together with out of pocket expenses to the tune of Rs.
1000/- per hearing payable to FIITJEE."
4. Disputes having arisen between the parties on account of unpaid gratuity amount, sincerity amount, voluntary contributions, leave encashment etc., the petitioner invoked the arbitration clause vide notice dated 14.07.2023. The said letter was not replied by the respondent; consequently the present petition is filed.
5. 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 to adjudicate the disputes between the parties, as contemplated in the judgment of the Supreme Court in Perkins Eastman Architects DPS vs. HSCC (India) Ltd. AIR 2020 SC 59.
6. Accordingly, Sh. Raman Yadav, Advocate (+91 9999345388) is appointed as the sole Arbitrator to adjudicate the disputes between the parties.
7. 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.
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 00:05:41
8. It is agreed between the parties that the arbitration shall take place under the aegis and rules of Delhi International Arbitration Centre (DIAC). It is directed accordingly.
9. 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.
10. It is made clear that the respondent is at liberty to urge its preliminary objections as regards maintainability/arbitrability of the claims in question before the concerned Arbitrator and the same shall be decided by learned arbitrator, in accordance with law.
11. 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.
12. 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 00:05:42