RAJESH SHARMA Vs. FIITJEE LIMITED

JUDGEMENT

(1.) C.M. No.27913/2017 (exemption)

(2.) This first appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act") is filed by the plaintiff in the suit impugning the order of the trial court dated 28.4.2017 whereby the trial court has dismissed the suit in view of an application under Sections 5 and 8 of the Act filed by the respondent/defendant, and the trial court has accordingly held that in view of the arbitration clause between the parties, the suit was not maintainable.

(3.) The subject suit filed by the appellant/plaintiff is a suit for recovery of Rs. 44.83 lacs along with interest pleading that various service dues of the appellant/plaintiff were not paid by the respondent/defendant/employer. The details with respect to the service dues falling under the heads of salary, gratuity, benevolent and sincerity funds, leave travel allowances are stated in para 17 of the plaint which totals to an amount of Rs.32,99,651/-. The balance amount totaling to the suit amount of Rs 44.83 lacs is the claim of the appellant/plaintiff towards interest.