PANKAJ MADAAN vs HEALTH ASSURE PVT LTD

Judgment text excerpt

CARAP.137.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO.137 OF 2024 Pankaj Madaan .. Applicant Versus HealthAssure Private Limited .. Respondent Ms Manini Bharati i/b. Mr. Suyash More, Advocate for Applicant. Mr. Mohit Khanna a/w. Ms Kareena Tahilramani i/b. Mr. Pravin Patil, Advocates for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. Reserved on : February 10, 2025 Pronounced on : February 20, 2025 JUDGMENT :- Context and Factual Background: 1. This is an Application under Section 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. Digitally signed by AARTI AARTI GAJANAN PALKAR GAJANAN Date: PALKAR 2025.02.20 14:44:58 +0530 Page 1 of 10 February 20, 2025 Aarti Palkar CARAP.137.2024.doc 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 Section 9 of the Act, being Arbitration Petition (L) No. 28717 of 2023 (“Section 9 Petition”) was filed, which led to a Learned Single Judge of this Court, by an order dated December 15, 2023, granting ad interim relief