AAKASH EDUCATIONAL SERVICES LIMITED vs SARTHAK DUTTA

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: 28.03.2025 + ARB.P. 755/2024 AAKASH EDUCATIONAL SERVICES LIMITED ..... Petitioner Through: Mr Pranav Proothi, Ms Manasi Chatpalliwar and Mr Aditya Singh, Advs. versus SARTHAK DUTTA ..... Respondent Through: Mr. Kumar Prashant, Advocate along with Mr. Kartik Nigam, Advocate, and Mr. Sarthak Dutta, Advocate. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition filed under section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘A&C Act’) seeks appointment of a sole arbitrator to adjudicate the disputes between the parties. 2. The disputes between the parties have arisen in the context of an agreement titled ‘Employment Terms and Conditions of Services (for Academic Employees)’ (hereinafter referred as ‘the ETC’) executed between the parties for the appointment of the respondent as an Assistant Lecturer in Department of Zoology by the petitioner vide appointment letter dated 02.08.2022. 3. The arbitration clause in the ETC executed between the parties, is in the following terms: - Signature Not Verified Digitally Signed By:ROHIT ARB.P. 755/2024 Page 1 of 9 KUMAR PATEL Signing Date:29.03.2025 19:50:05 “10.2 GOVERNING LAW AND DISPUTE RESOLUTION 10.2.1 That the Parties agree that this ETC shall be construed in accordance with the laws in force in India and in the eventuality of any dispute or difference (including in the eventuality of violation of the Agreement by any party) should arise on any matter relating to or arising out of the present Agreement, the same shall be referred to the arbitration within 60 days of either party notifying the other party to the Agreement of such dispute, for adjudication under the provisions of Arbitration &Conciliation Act,