MEENANATH FATARPEKAR Vs. MICROSTRARTEGY INDIA PVT.LTD
LAWS(BOM)-2022-7-226
HIGH COURT OF BOMBAY
Decided on July 22,2022

Meenanath Fatarpekar Appellant
VERSUS
Microstrartegy India Pvt.Ltd Respondents

JUDGEMENT

- (1.)This is a petition filed under Sec. 34 of the Arbitration and Conciliation Act,1996 (for short 'the Act') whereby an arbitral award dtd. 27/1/2020 passed by learned Sole Arbitrator Mr.Jehangir J. Jejeebhoy, is challenged.
(2.)I have heard Mr.Phatarphekar, petitioner appearing in person at length and Ms.Venugopal, learned Counsel for the respondent.
(3.)The disputes and differences between the parties have arisen under the Employment Agreement dtd. 24/5/2012. The petitioner was appointed by the respondent in the capacity as a 'Sales Director'. On 5/6/2012 the petitioner joined services of the respondent. It appears that on 31/10/2014 the petitioner had intended to resign. However, on the same day a letter of termination dtd. 31/10/2014 was issued by the respondent terminating the services of the petitioner. The respondent had offered resignation compensation of Rs.19,85,000.00 to the petitioner which is stated to have been received by the petitioner. The petitioner, however, was aggrieved by the termination. Thus, disputes and differences had arisen between the parties in regard to the contract in question. Accordingly, the petitioner issued a legal notice dtd. 3/2/2015 making his claims as also invoked the arbitration clause as contained in the employment agreement. Such notice was replied by the respondent. Ultimately, a sole Arbitrator came to be appointed who entered an arbitral reference.


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