VIJAY AGARWAL Vs. LEHMAN BROTHERS ADVISORS PVT LTD

JUDGEMENT

(1.) THE petitioner has invoked section 9 of the Arbitration and conciliation Act, 1996 (for short, "the Act" ). There is an arbitration clause in the Employment Agreement between the parties dated 22nd May, 2007. Admittedly, there is an employer and employees relationship between the parties.

(2.) THE petitioner's personal service agreement in question was initially terminated by letter dated 13th February, 2009 w. e. f. 13th march, 2009 which subsequently modified by further letter dated 19th March, 2009 and 10th April, 2009 was made effective date for the alleged termination of the service.

(3.) THE basic notice of termination refers a proposal for full and final settlement also. Admittedly, the petitioner has not signed the same. The petitioner has not accepted the full and final proposal. The petitioner has resisted the termination notice in all respect and invoked the Arbitration clause as there arose dispute between the parties. The said arbitration clause provides to resolve dispute, in Mumbai, as per the Rules of Arbitration of the International Chamber of Commerce (for short, "icc" ). The petitioner has filed this petition on 30th March, 2009.