SANJAY KUMAR Vs. ELIOR INDIA FOOD SERVICES LLP

JUDGEMENT

(1.) The petitioner is before this Court seeking a writ in the nature of prohibition restraining the LXXXV Additional City Civil and Sessions Judge, Commercial Court, Bengaluru from proceeding further in the case bearing Commercial Miscellaneous Appeal No.1 of 2023 filed by the respondent.

(2.) Heard Sri A.V. Nishanth, learned counsel appearing for the petitioner and Sri K.G.Raghavan, learned senior counsel appearing for the respondent.

(3.) Facts in brief germane are as follows: The respondent/Elior India Food Services LLP (hereinafter referred to as 'the firm' for short) employs the petitioner under an employment agreement on 26/10/2016. The firm later designates the petitioner as partner and minor partner with a particular share in the firm. The firm owing to certain omissions and commissions on the part of the petitioner initiates inquiry by issuance of a charge sheet on 10/5/2022. Calling upon the said proceedings, the petitioner files a Commercial Arbitration Application in Com.AA.No.88 of 2021 invoking Sec. 9 of the Arbitration and Conciliation Act ,1996 (hereinafter referred to as 'the Act' for short) in furtherance of an arbitration clause in the employment agreement before the Commercial Court on 13/5/2021.