Dismissed

Mr K Mohan Raju v. Atria Convergence Technologies Pvt. Ltd.

Karnataka HC15 Jul 2022CMP/367/2022

Case brief

AI extract

What is this about?

In a section 11 petition under the Arbitration and Conciliation Act, 1996, the Karnataka High Court rejected the application to appoint a retired District Judge as arbitrator. The court held the petitioner failed to establish an agreement for arbitration after his resignation from employment.

What did the court decide?

The petitioner's petition for appointment of a retired District Judge as arbitrator was rejected.

Mr K Mohan Raju Vs Atria Convergence Technologies Pvt. Ltd. — Arbitration | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY 2022

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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CIVIL MISCELLANEOUS PETITION NO.367/2022

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BETWEEN :

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MR. K. MOHAN RAJU S/O LATE K. RAMASWAMY RAJU AGED ABOUT 71 YEARS FORMER VICE-PRESIDENT OF ATRIA CONVERGENCE TECHNOLOGIES PVT LTD R/AT NO.302/A, THIRD FLOOR MITHUNA WHITE ASPERA SRIRAMPURA, JAKKURU POST BANGALORE - 560 064.

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... PETITIONER (By SRI. M.S. RAJENDRA PRASAD, SENIOR ADVOCATE FOR SRI. JAYANTH RAO SINDHE.D, ADVOCATE)

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AND :

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ATRIA CONVERGENCE TECHNOLOGIES PVT LTD 2^ND FLOOR, INDIAN EXPRESS BUILDING NO.1 QUEENS ROAD BENGALURU - 560 001 REP BY ITS CHIEF EXECUTIVE OFFICER.

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... RESPONDENT

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(By SRI.TEJAS S.R., ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A RETIRED DISTRICT JUDGE ATTACHED TO THE ARBITRATION CENTRE, RACE COURSE ROAD, BENGALURU - 560 001, AS ARBITRATOR IN TERMS OF DOCUMENT NO.1 FOR RESOLVING THE ARBITRAL DISPUTE BETWEEN THE PARTIES AS PER AGREEMENT DATED 01.04.2008 VIDE DOCUMENT-1.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner, who was in employment with the respondent until he tendered his resignation on 31.03.2011, has filed this petition for appointment of a retired District Judge as the sole Arbitrator to enter reference to decide the dispute with the respondent. The petitioner relies upon the arbitration clause in his employment agreement dated 01.04.2008. However, it remains that he has tendered unconditional resignation on 31.03.2011. There is nothing on record to indicate that the parties have entered into an agreement for resolution of dispute by arbitration simultaneously with

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the petitioner's resignation or that they have agreed that the agreement for arbitration in the employment agreement would survive post resignation.

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Though the respondent contends that the petitioner would not be entitled to any benefit of the ESOP scheme announced by the respondent in the month of October 2016, and that the petitioner's claim for the benefit under such scheme is time barred, this Court is of the considered view that the petition must be rejected, without commenting on the merits of such defence, on the sole ground that the petitioner has failed to establish an agreement for arbitration of dispute with the respondent after his severance from employment consequent to his resignation.

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Therefore, the petition stands rejected.

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Sd/JUDGE

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AN/-

Mr K Mohan Raju v. Atria Convergence Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mr K Mohan Raju v. Atria Convergence Technologies Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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