CHEM ACADEMY PRIVATE LIMITED Vs. PRAVEEN MALIK

JUDGEMENT

(1.) By way of this petition under Sec. 11 of the Arbitration and Conciliation Act, 1996 ["the Act"], the petitioner seeks appointment of an arbitrator to adjudicate the disputes between the parties under the "Faculty Agreement" dtd. 8/9/2021 ["the Agreement"]. By way of the said Agreement, the respondent was appointed as a member of faculty of the petitioner's institution which offers online and offline classes to students.

(2.) Notice of the petition was issued on 27/5/2022. Mr. Lakshay Joshi, learned counsel, has entered appearance on behalf of the respondent. Although the respondent has failed to file a reply to the petition pursuant to the liberty granted by the order dtd. 27/5/2022, Mr. Joshi sought to resist the petition on the grounds discussed in detail later in this judgment.

(3.) Mr. Murari Tiwari, learned counsel for the petitioner, submits that the respondent was appointed to the faculty of the petitioner- institute at a salary of approximately ?2.50 lakhs per month with effect from 8/9/2021. He draws my attention to clause 1.4 of the aforesaid Agreement under which the respondent undertook not to leave the employment of the petitioner for a period of two and a half years [the initial tenure of the Agreement] i.e. until 8/3/2024, except if his emoluments were not paid for a period of three months. The Agreement also includes provisions with regard to Intellectual Property Rights [Sec. 4], Confidentiality [Sec. 5] as well as Non-Compete and Non-Solicitation provisions [Sec. 6].