REVA KHETRAPAL, J.

1. This petition, under Section 9 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking interim relief against the respondent, an employee of the petitioner.

2. The facts in a nutshell are as follows: The petitioner is a company incorporated under the provisions of the Companies Act, 1956 and is one of the leading institutes in imparting education and knowledge in the field of financial services. The objective of the petitioner is to educate and develop professionals for the securities industry in India, to disseminate information about Indian capital markets by creating a comprehensive body of knowledge and to contribute to the healthy development of securities market by bringing expertise to bear on structural and policy issues concerning the securities industry. The petitioner is also an authorized education provider of the Financial Planner Standards Board, India (FPSB) for the Certified Financial Planner (CFP) professional education programme in India. Details of the courses/materials developed by the petitioner and the advertisements of the courses offered by the petitioner since 2005 are annexed with the petition as Annexure P-2.

.3. In the course of its business, the petitioner appointed the respondent as a faculty member. The respondent was to be responsible for the development of the petitioners study material and teaching methodology so as to ensure that it remained most suitable, relevant and always ahead of others. The respondent accordingly executed an employment agreement dated 08.09.2006 (Annexure P-3), thereby agreeing to the

.following among other terms and conditions: (i) He shall be responsible for imparting Total Quality Teaching, the objective of the company by employing sandardized methods of teaching in the financial markets. He shall be devoting full time without any constraint and attention to all specified functions with day-to-day teaching and support keeping the students need in mind from all perspectives and will also impart practical training at its best. He shall be required to be at his work till regular office hours or till the completion of days work, without any time constraint and may also be required to come on Sunday for disposal of his duties as per the need of the organization. (ii) He shall also design and upgrade the courses and teaching and other course contents and also management courses as per the main objectives of the company. The services promised to the students shall be delivered at its best. He shall also be contributing towards general administration and executive help, as required. Besides, management can assign other incidental works from time to time, as per the need, to fulfil the objectives of BIFM. (iii) He shall exhibit his high quality of competency, commitment and initiation while performing his job and will maintain a cordial environment, without which the objective of BIFM would suffer irreparable loss. Hence the employee assures BIFM for his best of the best efforts in the said regard. (iv) Since the mission of BIFM is a long term process where the commitment for a longer period is required, hence the employee commits to serve the BIFM for a period of 5 years, taken as employment period wherein there is no exit for a minimum period of 3 (three) years. During the course of his stay and thereafter, the employee further undertakes to maintain complete integrity, confidentiality, not to leak, divulge, share or misuse any of the business secrets, secrecy related to software and tampering or hacking strategies, plans etc. with any third party or for himself for any oblique motive. (v) He shall maintain high standards of decorum and sense of discipline among the students befitting the image of a good financial education body. Further he shall not indulge himself in any alliance or front or politics among the staff members/students, including subordination. (vi) That at any stage if it is observed by BIFM that the em

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