SUDHIR KUMAR vs GIRNARSOFT EDUCATION SERVICES PVT. LTD.

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 20.05.2026 + ARB.P. 753/2026 SUDHIR KUMAR .....Petitioner Through: Mr. Vishal Kumar Malhotra, Advocate. versus GIRNARSOFT EDUCATION SERVICES PVT. LTD. .....Respondent Through: Mr. Jaitegan Singh Khurana and Mr. Udian Shamra, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 [“Act”], seeking appointment of a Sole Arbitrator in terms of the Professional Services Agreement dated 26.08.2024 [“Agreement”] for adjudication of the disputes inter se the parties. 2. The material on record indicates that the Arbitration Clause is set out at Clause 18 of the said Agreement. The relevant clause reads as under: “18) Equitable Relief: Each party acknowledges that a breach by the other party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching party may institute an action to enjoin the breaching party from any and all acts in violation of those provisions, which remedy shall be Signature Not Verified Digitally Signed ARB.P. 753/2026 Page 1 of 7 By:HARVINDER KAUR BHATIA Signing Date:21.05.2026 12:57:57 cumulative and not exclusive, and a party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non- breaching party may be entitled at law or in equity. Governing law: This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any controversy or claim arising out of or