Delhi High Court
ARB.P./771/2026 of MR NEERAJ GUPTA Vs M/S FIITJEE LIMITED THROUGH ITS FOUNDER CHAIRMAN on 22 May 2026
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 771/2026 MR NEERAJ GUPTA .....Petitioner Through: Mr. Akash Gupta, Advocate (through VC) versus M/S FIITJEE LIMITED THROUGH ITS FOUNDER CHAIRMAN .....Respondent Through: Mr. Sudhir Kathpalia, Advocate (through VC) CORAM: HON'BLE MS. JUSTICE
$~9
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+
ARB.P. 771/2026
MR NEERAJ GUPTA
.....Petitioner
Through:
Mr. Akash Gupta, Advocate (through
VC)
versus
M/S FIITJEE LIMITED THROUGH ITS FOUNDER CHAIRMAN
.....Respondent
Through:
Mr.
Sudhir
Kathpalia,
Advocate
(through VC)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
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O R D E R
% 22.05.2026
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), seeking appointment of an Arbitrator to adjudicate the disputes between the parties, arising out of Service Rules for the Employees of M/s FITJEE Limited dated 16th November, 2012 (“Service Rules”), executed between the parties on 18th November, 2012.
2. As per the facts on record, the petitioner was appointed at the post of “Professor A-2”, in the respondent coaching institution, vide Appointment Letter dated 16th November, 2012.
3. During the course of the petitioner’s employment with the respondent, the petitioner had raised certain issues with regards to facing harassment in the respondent institute, towards which the petitioner had sent several emails to the respondent.
4. Pursuant to the same, the petitioner had served his Resignation dated 27th November, 2018, to the respondent and served his notice period towards the same.
5. It is noted that disputes arose between the parties as the petitioner stopped receiving his salary slips from the respondent from November, 2018, without any notice or reason. Further, the respondent failed to deposit the contribution to the Employees Provident Fund (“EPF”) of the petitioner, and therefore, breached the terms of the Service Rules, by not clearing the petitioner’s dues.
6. On account of the non-payment of dues, the petitioner was constrained to issue Notice dated 12th February, 2024, under Section 21 of the Arbitration Act, invoking Arbitration as per the Service Rules. Further, the said Notice was duly served upon the respondent, however, despite the same, no reply was filed by the respondent.
7. At this stage, attention of this Court is brought to the Arbitration Clause, i.e., Clause 36 of the Service Rules, which is reproduced as under:
8. Perusal of the aforesaid Arbitration Clause shows that there exists a valid Arbitration Agreement between the parties, whereby, any dispute between the parties shall be resolved by way of Arbitration. Further, the venue of the arbitration is at New Delhi, and the Courts of New Delhi have exclusive jurisdiction for all disputes between the parties.
9. Learned counsel appearing for the respondent puts in appearance today, and submits that he has no objection to appointment of an Arbitrator.
10. This Court records the statement of learned counsel appearing for the petitioner that the petitioner has claim of approximately Rs.48,72,291/- (Rupees Forty-Eight Lacs Seventy-Two Thousand Two Hundred Ninety- One Only).
11. Thus, in view of the existence of a valid Arbitration Agreement between the parties, as well as the disputes that have arisen between the parties, this Court is of the considered opinion that there is no impediment in appointment of an Arbitrator.
12. Accordingly, with the consent of the parties, the following directions are issued: i. Ms. Priti Verma, Advocate, (Mob. No.: +91-7838581994) is appointed as the Sole Arbitrator to adjudicate the disputes between the parties. ii. The remuneration of the Arbitrator shall be in terms of Schedule IV of the Arbitration Act. iii. The Arbitrator is requested to furnish a declaration in terms of Section
12 of the Arbitration Act prior to entering into the reference. In the event there is any impediment to the Arbitrator’s appointment on that count, the parties are given liberty to file an appropriate application before this Court. iv. It shall be open to the respondent to raise counter-claims, if any, in the arbitration proceedings. v. It is made clear that all the rights and contentions of the parties, including, the arbitrability of any of the claims and/or counter-claims, any other preliminary objection, as well as claims on merits of the dispute of either of the parties, are left open for adjudication by the learned Arbitrator. vi. The parties shall approach the Arbitrator within two (2) weeks from today.
13. Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case.
14. The present petition is disposed of in the aforesaid terms.
15. The Registry is directed to send a copy of this order to the learned Arbitrator, for information and compliance. MINI PUSHKARNA, J MAY 22, 2026/SK