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2017 Supreme(Del) 3646

JAYANT NATH
JK TECHNOSOFT LIMITED – Appellant
Versus
RAMESH SAMBAMOORTHY – Respondent


Advocates Appeared:
For the Petitioner:Ms. Gayatri Verma, Advocate.

JUDGMENT :

JAYANT NATH, J.

1. This petition is filed under Sections 11(4) and 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. Some of the relevant facts are that on 20.01.2004 and 22.01.2004 a letter of employment was issued by the petitioner to the respondent which was followed by detailed terms of the letter of employment dated 22.01.2004. The respondent joined the petitioner as 'Senior Vice President, ERP- Practices'. On 01.04.2015, as the respondent was reaching the age of 60 years the parties executed an agreement whereby the respondent was to continue his association with the business of the petitioner as a full-time consultant. It is the case of the petitioner that the respondent resigned from his service on 17.06.2016.

2. Disputes having arisen between the parties, the petitioner invoked the arbitration clause on 04.04.2017. The respondent on 17.04.2017 refuted the contents of the notice of the petitioner. As there was no consensus on the Arbitrator hence, the present petition.

3. I have heard learned counsel for the parties. The learned counsel for the respondent has vehemently submitted that though he does not deny the arbitration cla






























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