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DELHI HIGH COURT
PRATEEK JALAN
Buildmyinfra Private Limited – Appellant
Versus
Gyan Prakash Mishra – Respondent


JUDGMENT

Prateek Jalan, J. (Oral)--By way of this petition under Section 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate the disputes arising between the parties under a "Confidentiality and Non-Compete Agreement" ["the Agreement"] dated 01.07.2019.

2. The contention of the petitioner, which is engaged in the business of providing industrial solutions, is that it issued an offer letter dated 10.07.2018 to the respondent to join its employment and the respondent accepted the same and joined the employment of the petitioner on 17.07.2018. Following his appointment, the respondent signed the Agreement dated 01.07.2019. The recital to the Agreement notes that the respondent was designated as the Project Head - IT & Networking of the petitioner-company and that he had accepted the employment with the employer vide an acceptance letter dated 17.07.2018. The Agreement contains a non-competition clause in clause 2.1 which restrains the employee [respondent herein] from engaging or participating directly or indirectly in a competing business during the period of his employment and for a period of one year therea

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