Back
NAVIN CHAWLA
Fiitjee Ltd. – Appellant
Versus
Ashish Khare – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act.) seeking ksappointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the employment of the respondent no.1 with the petitioner as a faculty member in the Department of Math on 17.04.2010.
2. It is the case of the petitioner that the respondent no.1 was, during his employment with the petitioner, transferred to M/s USA UNIVQUEST with effect from 01.05.2016. The said M/s USA UNIVQUEST amalgamated with the petitioner Company on 03.04.2019. In the meantime, the respondent no.1 left the services of the petitioner on 05.02.2018.
3. It is the case of the petitioner that the respondent no.1 thereafter co-founded a competitor academy namely `Venkateshwara Academy' and started working there as Founder, Mentor and Director. The petitioner claims that the same was in violation of the Service Rules.
4. The petitioner, thereafter, vide notice dated 19.02.2019, invoked the Arbitration Agreement as contained in Clause 36(a) of the Service Rules for the Employees of M/s FIITJEE Ltd (
The main legal point established in the judgment is the court's authority to appoint a Sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, and the discretion to leave disp....
Point of Law : S.13(2) provides that a party who intends to challenge appointment of an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or afte....
The main legal point established in the judgment is that the appointment of an arbitrator must be in accordance with the agreed procedure in the contract. If the appointment is not in line with the a....
The court reaffirmed that disputes arising from contractual agreements, including claims of breach, are arbitrable and emphasized the limited scope of judicial review under Section 11 of the Arbitrat....
The main legal point established in the judgment is the application of Section 12(5) of the Arbitration and Conciliation Act, 1996, and the proviso allowing parties to waive disqualification through ....
Arbitration - Undisputedly both the parties had intended to refer the disputes to the arbitration and had accordingly agreed for the same. Hence, there being existence of arbitration agreement, and t....
The main legal point established in the judgment is the importance of party autonomy in arbitration, the enforceability of the entire arbitration clause, and the conditional acceptance of arbitration....
Where an Arbitrator had already been appointed and intimation thereof had been conveyed to the other party, a separate application for appointment of an Arbitrator is not maintainable. Once the power....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
