Disposed

Dr. Jayashree Samantaraya v. Trisha College of Education and Anr.

Himachal Pradesh HC2 Dec 2021ARB.C/6/2021

Case brief

AI extract

What is this about?

The Court appointed a third arbitrator to be nominated by the Vice Chancellor within 15 days. It modified interim orders to protect the petitioner from salary recovery claims until the Arbitral Tribunal constitution, setting specific timelines for filing applications before relief ceases.

What did the court decide?

Direction to Vice Chancellor to nominate third arbitrator within 15 days; interim bar on salary recovery until Arbitral Tribunal constitution.

Dr. Jayashree Samantaraya Vs Trisha College of… — Arbitration | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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ON THE 2^nd DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL ARBITRATION CASE No.6 of 2021

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Between:

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DR. JAYASHRE SAMANMTARAYA DAUGHTER OF SH. NABA KISHORE SAMANTARAYA, PRINCIPAL TRISHA COLLEGE OF EDUCATION, VILLAGE THAIN, P.O. JOL SAPPER, HAMIRPUR.

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….PETITIONER.

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(BY MR. SUNEET GOEL, ADVOCATE)

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AND

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1. TRISHA COLLEGE OF EDUCATION,VILLAGE THAIN, P.O. JOL SAPPER, HAMIRPUR, THROUGH ITS PRESIDENT.

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2. TRISHA SHIKSHAN SOCIETY, VILLAGE THAIN, P.O. JOL SAPPER, HAMIRPUR, THROUGH ITS SECRETARY.

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(BY MR. K.D. SHREEDHAR, SENIOR ADVOCATE, WITH MS. SHREYA CHAUHAN, ADVOCATE)

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Whether approved for reporting ?¹ No

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This petition coming on for orders this day, the Court passed the following:

O R D E R

By way of this petition, filed under Section 9 of the Arbitration and Conciliation Act, the petitioner has prayed for the following relief:-

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“It is, therefore, respectfully prayed that the present petition may kindly be allowed and interim directions may kindly be passed against respondent from discharging/dispensing with the services of the petitioner as Principal of respondent No.1 college till the arbitration clause is invoked and during the pendency of the present petition and also pay the entire salary from September 2020 till date and in future as well as in the interest of justice”.

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The Court stands informed that in terms of Clause-IV of the agreement entered into between the petitioner and the respondent-College (Anexure P-6), the arbitral process stands initiated by the parties concerned. The petitioner has already nominated her arbitrator and so has the respondent-College. The Court stands informed that in terms of Appendix to ChapterXXXVIII, paragraphs 38.5B(d) of the Ordinances of Himachal Pradesh University, Shimla, now a third arbitrator has to be appointed by way of nomination by the Vice Chancellor of the Himachal Pradesh University.

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As prayed for, it is ordered that nomination of the third arbitrator be made by the Vice Chancellor as expeditiously as possible and not more than fifteen days as from the delivery of this order to the office of the Vice Chancellor by either of the parties.

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In the interregnum, it is ordered that the interim protection granted to the petitioner by this Court vide order dated 11.01.2021, is modified to the extent that till the passing of appropriate orders in this regard by the learned Arbitral Tribunal, no recovery of alleged over payments made to the petitioner shall be recovered by the respondent/College. After the constitution of the learned Arbitral Tribunal, in the event of an application being filed by the petitioner, praying for interim prayer(s), the protection so granted shall continue till the appropriate orders are passed by the learned Tribunal on the said application. If no application is filed within four weeks of the constitution of the learned Tribunal by the petitioner, then this protection shall cease to operate after expiring of four weeks. It goes without saying that if an application is filed by the petitioner praying for interim directions, then the same be decided as expeditiously as possible by the learned Arbitral Tribunal and not later than eight weeks as from the date of filing of the same. 5. The petition stands disposed of in above terms. Pending miscellaneous applications, if any, also stand disposed of.

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(Ajay Mohan Goel) Judge

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December 02, 2021 (rishi)

Dr. Jayashree Samantaraya v. Trisha College of Education and Anr.

Case brief

What is this about?

What did the court decide?

Dr. Jayashree Samantaraya v. Trisha College of Education and Anr.

Case brief

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What did the court decide?

What the court decided

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