RAJIV PURI Vs. WEBNEURON SERVICES

JUDGEMENT

(1.) The impugned judgment is dated 11.05.2009 whereby the application filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act ) had been dismissed.

(2.) The plaintiff (Webneuron Services Limited) had filed a suit for recovery of Rs 8,35,356/- against the defendant Rajiv Puri. The averments made in the plaint are to the effect that the defendant who was an employee of the company had taken a membership of Jaypee Green Golf Resort at Noida for which he had availed of a loan of Rs 4 lacs; he was getting the loan amount deducted from his salary in installments; the defendant resigned from the services of the company on 05.11.2004; at that time, an amount of Rs 1,89,998/- out of the total loan of Rs 4 lacs was yet payable by the defendant; further contention in the plaint is that under the terms of services of the defendant, the defendant was entitled to certain leave encashment which amounted to an amount of Rs 2,86,364/-. However at the time of the relieving of the defendant from his services, no amount towards leave encashment was paid as the amount of Rs 1,89,998/- still remained unpaid by the defendant; it was agreed and understood by the defendant that the amount towards his remaining loan amount would be adjusted against his leave encashment and after settlement of all the accounts, remaining balance, if any, would be paid to him. A second amount of Rs 3,40,636/- in lieu of his not availing leaves for 31.5 days to which the defendant was entitled has also been claimed from the defendant; contention being that an amount of Rs 6,27,000/- had been paid to the defendant as salary for the two months i.e. for the month of December, 2004 & January, 2005 but he had willfully absented himself from office during that period and as such was not entitled to the said amount; after giving him the adjustment of his leave entitlement, a sum of Rs 3,40,636/- was found due and payable from him. Both the figures work out to a sum of Rs 5,70,209/- which is the principal amount; total amount of Rs 8,35,356/- along with interest has been claimed from the defendant.

(3.) Written statement had filed. Learned counsel for the petitioner in the course of the arguments has conceded that the second amount of Rs 3,40,636/- is an amount which is covered by the arbitration clause contained in the arbitration agreement entered into between the parties which is dated 01.07.2004.