PLIVO INDIA PVT. LTD. Vs. ARVIND ESHWARLAL

JUDGEMENT

(1.) The appellant has filed the present appeal under Sec. 13(1-A) of the Commercial Courts Act, 2015 read with Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 [A&C Act] impugning a judgment dtd. 24/1/2026 [impugned judgment] passed by the learned LXXXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-85) [Commercial Court] in Com.A.P.No.57/2025 captioned 'Plivo India Pvt.Ltd., v. Mr.Arvind Eshwarlal & Another'. The appellant had filed the said petition to set aside the arbitral award dtd. 24/12/2024 [impugned award] passed by respondent No. 2 [Arbitral Tribunal].

(2.) It is stated that respondent No.1 had joined the appellant company as an Associate Director on 27/11/2017 pursuant to the letter of offer dtd. 16/10/2017. In terms of the said offer, respondent No.1 was employed at an annual remuneration of '78,96,400/-. Respondent No.1 had also signed a Non-Disclosure and a Non-Compete Agreement [NDA] on joining the services of the appellant on 27/11/2017.

(3.) The appellant claims that respondent No.1 had violated the terms of the employment agreement as well as the NDA and the same gave rise to disputes between the said parties. Since the disputes were covered by an arbitration agreement, the appellant issued a notice dtd. 27/10/2018 under Sec. 21 of the A&C Act. The parties could not concur on the constitution of the Arbitral Tribunal. Accordingly, the appellant filed a petition (Civil Miscellaneous Petition No.171/2020) under Sec. 11 of the A&C Act before this Court. The said petition was allowed by an order dtd. 21/7/2022, and the Court appointed respondent No.2, a former judge of this Court, as the sole arbitrator to adjudicate the disputes that had arisen between the parties.