PANKAJ MADAAN Vs. HEALTHASSURE PRIVATE LIMITED

JUDGEMENT

(1.) This is an Application under Sec. 11 of the Arbitration and Conciliation Act, 1996 ("the Act") in connection with disputes and differences relating to a letter of appointment dated July 5, 2021 ("Appointment Letter") by which the Applicant was appointed as a Chief Distribution Officer by the Respondent, which is engaged in healthcare-related services. The parties also executed a Memorandum of Understanding dated July 1, 2021 governing employee stock options to which the Applicant would be entitled.

(2.) The Applicant's employment with the Respondent commenced on July 1, 2021 and ended on December 31, 2022. According to the Applicant, there were delays in paying his salary and eventually he resigned from his position. However, his dues allegedly remained unpaid. Several emails written by the Applicant between February 3, 2023 and May 29, 2023, were of no avail.

(3.) A petition under Sec. 9 of the Act, being Arbitration Petition (L) No. 28717 of 2023 ("Sec. 9 Petition") was filed, which led to a Learned Single Judge of this Court, by an order dated December 15, 2023, granting ad interim reliefs by directing the Respondent to issue the relieving letter and to issue Form 16 under the tax laws. On December 15, 2023, the Respondent had resisted the ad interim reliefs and sought time to file a reply. The Learned Single Judge granted three weeks to do so. No reply had been filed even when another Learned Single Judge considered the matter on March 28, 2024. Recording the history of the listing of the matter, the Learned Single Judge directed the Respondent to deposit in Court, a sum of Rs.9,18,648.00, which corresponds to the salary amount claimed by the Applicant. Then too, the Respondent had sought time to file a reply and had unsuccessfully resisted the prayer for deposit.