Vikram Singh v. Fiitjee Ltd. and Anr.

Delhi HC9 May 2025ARB.P./439/2025

Case brief

AI extract

What is this about?

FIITJEE Ltd; Vikram Singh; arbitration petition; appointment of sole arbitrator; Clause 36(a) Service Rules arbitration clause; employee dues after resignation; service manual not supplied; ARB.P. 438/2025 similar rules; Delhi International Arbitration Centre (DIAC); Section 12(2) disclosure; Arbitration & Conciliation Act 1996; Justice Purushaindra Kumar Kaurav; disposed of 09.05.2025.

What did the court decide?

Appointment of Mr. Varun Mohan as sole Arbitrator; arbitration to proceed under the aegis of the Delhi International Arbitration Centre (DIAC) per its rules, with fees as per the DIAC Schedule of Fees. ¶¶32

Vikram Singh Vs Fiitjee Ltd. and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Service Manual/Rules governing the petitioner's employment were produced before the Court / supplied to the petitioner during his employment. +1 more

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Court's answer

The Court took on record respondents' counsel's statement that the petitioner's services were governed by a similar set of rules as those placed on record in ARB.P. 438/2025.

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Ratio / Principle

Mr. Varun Mohan is appointed as the sole Arbitrator for the disputes between the parties.

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Key takeaways

The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC), abiding by its rules and regulations, with arbitrator's fees as per the DIAC Schedule of Fees.ratio¶¶23
The learned arbitrator is directed to file the requisite disclosure under Section 12(2) of the Act within a week of entering on reference.ratio¶¶24
All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

Detailed headnote1 paragraphs

ARB.P. (High Court of Delhi, 09.05.2025): Petitioner Vikram Singh, who served the respondent establishment for more than six years before resigning and claims certain dues, sought appointment of an arbitrator. Respondents' counsel stated that the petitioner's services were governed by rules similar to those placed on record in the separately disposed-of ARB.P. 438/2025, and that an arbitration clause exists — Clause 36(a) of the Service Rules for the Employees of FITJEE Ltd. — under which all disputes relating to the FIITJEE service manual are to be referred to a Sole Arbitrator appointed by FIITJEE Ltd., with proceedings under the Arbitration & Conciliation Act, 1996 and venue fixed at Delhi/New Delhi. Reserving all rights and contentions, the Court appointed Mr. Varun Mohan as sole Arbitrator; the arbitration is to be conducted under the aegis of the Delhi International Arbitration Centre (DIAC) per its rules, with fees per its Schedule of Fees, and the arbitrator is to file the requisite disclosure under Section 12(2) of the Act within a week of entering on reference. All rights and contentions on claims/counter-claims were left open for the arbitrator; the Court expressed no opinion on the merits. Petition and pending application disposed of.

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$~O-2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- ARB.P. 439/2025 & I.A. 6158/2025

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Date of Decision : 09.05.2025

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IN THE MATTER OF:

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VIKRAM SINGH .....Petitioner

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Through: Mr. Kumar Prashant, Adv.

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versus

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FIITJEE LTD AND ANR .....Respondents Through: Ms. Disha Sharma, Adv. CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT

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PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

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Learned counsel for the petitioner submits that the Service Manual/Rules governing the petitioner’s employment have not been produced by the respondents before this Court. It is further submitted that even during the course of his employment, the same were not supplied to the petitioner.

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Learned counsel for the respondents, on instructions, submits that the petitioner's services were governed by a similar set of rules as those placed on record in ARB.P. 438/2025, which has been disposed of by a separate order.

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The aforesaid statement is taken on record.

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Upon perusal of the facts, it is seen that the petitioner resigned from

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Signature Not Verified

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Signed By:PRIYA Signing Date:20.05.2025 18:15:47

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Signature Not Verified Signed By:PURUSHAINDRA KUMAR KA URAV

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the respondent establishment after serving for more than six years. He claims certain dues from the respondents. It has been stated by learned counsel for the respondents that an arbitration clause exists, specifically Clause 36(a) of the Service Rules for the Employees of FITJEE Ltd., which reads as follows:

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“36.(a) All disputes and differences of any nature with regard to the FIITJEE service manual and the interpretation & adjudication of clauses and claims respectively shall be referred to the Sole Arbitrator appointed by the Company i.e. FIITJEE Ltd.. The employee hereby agrees to the appointment of the Sole Arbitrator by the company i.e. FIITJEE Ltd. whenever any dispute arises. The employee undertakes not to oppose the said appointment of the Sole Arbitrator. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and statutory modification thereof & rules made thereunder. The award of arbitrator shall be final binding on both the parties. The award of the arbitrator shall be final & binding on every matter arising hereunder. It is further agreed that in spite of the fact that the Sole Arbitrator may be known to any of the Directors or share holders or may have been appointed as an arbitrator earlier by the company shall not disqualify him. Even if the Arbitrator may have expressed opinion in similar matter earlier shall also not render him disqualified. The venue of the arbitration shall be Delhi/New Delhi only.”

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In view of the aforesaid reserving all rights and contentions, the Court deems it appropriate to appoint the Arbitrator.

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Accordingly, Mr. Varun Mohan (Mobile No.- +91 9643728966 and email [email protected]) is appointed as the sole Arbitrator.

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The arbitration would take place under the aegis of the Delhi International Arbitration Centre (DIAC) and would abide by its rules and regulations. The learned Arbitrator shall be entitled to fees as per the Schedule of Fees maintained by the DIAC.

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The learned arbitrator is also requested to file the requisite disclosure under Section 12 (2) of the Act within a week of entering on reference.

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The Registry is directed to send a receipt of this order to the learned

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Signature Not Verified Signed By:PRIYA Signing Date:20.05.2025 18:15:47

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Signature Not Verified

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Signed By:PURUSHAINDRA KUMAR KA URAV

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arbitrator through all permissible modes, including through e-mail.

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All rights and contentions of the parties in relation to the claims/counter-claims are kept open, to be decided by the learned Arbitrator on their merits, in accordance with law.

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Needless to say, nothing in this order shall be construed as an expression of opinion of this Court on the merits of the controversy between the parties. Let the copy of the said order be sent to the appointed Arbitrator through the electronic mode as well.

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