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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
Neosky India Limited – Appellant
Versus
Nagendran Kandasamy – Respondent
JUDGMENT :
1. The petitioners have filed the present petition under Sections 11 (4) and 11(6) of the Arbitration and Conciliation Act, 1996 (“Act”), seeking the appointment of an Arbitrator due to the respondent's failure to nominate their Arbitrator within the prescribed 30-day period from the notice dated 18.07.2024.
FACTUAL BACKGROUND
2. Petitioner No. 1 - Neosky India Limited (“Neosky”), is a public limited company and subsidiary of Rattan India Enterprises Ltd., while petitioner No. 2 - Throttle Aerospace Systems Private Limited (“TAS”) is a private limited company in the space of civil drones in which petitioner No. 1 has invested and in which respondent Nos. 1– 4 were employed, and respondent Nos. 1– 4 together have 40% shareholding.
3. On 25.05.2022, the petitioners entered into a Share Subscription and Shareholders Agreement (“SSHA”), a Non-Compete Agreement (“NCA”), and Employment Agreements with respondent No. 1 – Mr. Nagendran Kandasamy, respondent No. 2 – Ms. Nischita Madhu, respondent No. 3 – Mr. Shashi Kumar R, respondent no. 4 – Mr. Gunjur Munianjappa Girish Reddy, and respondent No. 5 – Pinkin Consultancy Private Limited. The transaction involved a proposed fund infus
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Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested que....
Non-compete clauses are valid during the term of an agreement but become void post-termination under Section 27 of the Indian Contract Act, 1872.
The court affirmed the enforceability of an arbitration agreement and the jurisdiction under Section 11 of the Arbitration and Conciliation Act, despite challenges regarding the validity of signature....
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