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M/S Fiitjee Ltd vs Ashish Khare & Anr on 3 November, 2022

                            $~22
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      ARB.P. 1221/2022 & I.A. No. 17831/2022
                                   M/S FIITJEE LTD.                             ..... Petitioner
                                                   Through: Mr. Pankaj Yadav, Advocate.
                                                   versus
                                   ASHISH KHARE & ANR.                    ..... Respondents
                                                   Through: None.
                                   CORAM:
                                   HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                      ORDER

% 03.11.2022 [Physical Hearing/Hybrid Hearing] I.A. No. 17831/2022 (Application under Section 151 CPC for exemption from filing the certified copies in present petition)

1. This is an application under Section 151 CPC for exemption from filing certified copies in present petition.

2. Allowed, subject to just exceptions.

3. The application is disposed of.

4. This is a petition under Section 11(5) of Arbitration and Conciliation Act, 1996 for appointment of an arbitrator pursuant to disputes that have arisen between the parties.

5. It is the case of petitioner that respondent no. 1 was working with petitioner before his resignation on 21.07.2017. Thus, disputes arose between the parties in connection with Employment Agreement dated 24.04.2016.

6. Subsequently, petitioner herein invoked arbitration clause on 19.09.2019 thereby invoking Clause 36(a) of Service Rules of Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:08.11.2022 13:26:33 petitioner. As per Clause 36(a), all disputes and differences with petitioner shall be referred to sole arbitrator appointed by petitioner company.

7. Subsequent thereto, petitioner on 21.02.2019 appointed a sole arbitrator. The proceedings before learned arbitrator were challenged by respondents herein under proceedings under Section 16 of Arbitration and Conciliation Act, 1996 and the same was dismissed on 24.06.2020.

8. Aggrieved, petition was filed being OMP (T) (COMM) 17/2021 in the Court of District Judge (Commercial)-02, South District, Saket Court, New Delhi. By order dated 14.03.2022, the said petition filed on behalf of respondent herein was allowed and it was held that sole arbitrator as appointed by petitioner herein is de-jure ineligible in view of Supreme Court judgment in the case of Bharat Broadband Network Limited Vs United Telecoms Limited, (2019) 5 SCC 755 and TRF Limited Vs Energo Engg. Projects Ltd., (2017) 8 SCC 377.

9. Thus, the present petition has been filed for purposes of appointment of an independent arbitrator by this Court.

10. Issue notice to respondents by all modes.

11. Reply be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

12. Re-notify the matter on 13.12.2022.

MINI PUSHKARNA, J NOVEMBER 3, 2022/c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:08.11.2022 13:26:33