MONIKA OLI Vs. CL EDUCATE LTD.

JUDGEMENT

(1.) The instant petition under Sec. 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act") raises some important questions of law inter alia pertaining to the interpretation of Sec. 21 of the Arbitration Act. By way of the instant petition, the Petitioner seeks indulgence of this Court to set aside the impugned arbitral award dtd. 16/3/2015 passed by the learned sole arbitrator, Mr. Divya Darshan Sharma in the case titled as CL Educate Ltd. vs. Monika Oli'. FACTUAL MATRIX

(2.) The facts necessary for the disposal of the present petition are that an Employment Agreement was entered into between the Petitioner and M/s Comprehensive Education and IT Training Institute (hereinafter referred to as CEITI"), a Dubai based entity which was authorized to run Career Launcher test-prep courses in the United Arab Emirates (hereinafter referred to as UAE'). M/s CL Educate Ltd. (hereinafter referred to as the Respondent'), is a company registered under the Companies Act, 1956. By way of the Employment Agreement, the Petitioner was appointed as the Principal Consultant for its Dubai office and she was entrusted with the responsibility for enrollment and collection of fees from students for the test-prep courses in Dubai. She was also required to bear the costs in relation to rent, marketing and sales, course material, salary for faculty, among other things.

(3.) For the 1st year, as per Clause 2 of the Employment Agreement, the Petitioner was entitled to 75% of the net collections arising out of IITJEE, AIEEE, CBSE XII Program, IIT Foundation IX and X, and 85% of the net collections for all other programs. It was also agreed by the parties that the collections made by the Petitioner would be deposited in Career Launcher's account and on a monthly basis, the Petitioner's share would be transferred to her account. From the next year onwards, it was agreed between the parties that the percentage of net collections falling to the share of the Petitioner would be mutually discussed. It was further stipulated that from the 2nd year, all collections would accrue to the Petitioner as her top-line and only remit either 25%/15% (depending on the product) to Career Launcher.