M/S SKANRAY TECHNOLOGIES LTD. v. MR SWRNAVA BANERJEE

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER

1. This Civil Miscellaneous Petition is filed under section 11(6) of the arbitration and conciliation Act, 1996 (for short ‘the Act’) to appoint an Arbitrator for resolving the dispute between the parties to the petition in terms of clause 13 of the offer of Employment dated 19.08.2019 vide Annexure C as per the provisions of the Arbitration and Conciliation Act, 1996.

3. Brief facts, leading rise to the filing of this petition are as follows: The petitioner is a company engaged in the field of manufacturing and sale of medical equipments. The respondent herein was offered an employment at - 3 - NC: 2026:KHC:10939 CMP No. 365 of 2025 HC-KAR Mysore as “Application Specialist” in the petitioner’s company on 19.08.2019 vide offer of employment. Subsequently, the respondent herein was employed as Application specialist on probation for one year. Thereafter, the respondent sent a resignation through email dated 19.05.2023 to her reporting manager and thereafter did not report to the work. The petitioner issued a notice dated 29.06.2023 to report back to work and complete the formalities. However, the respondent did not respond. The petitioner again issued a legal notice dated

03.08.2023 to the respondent to report to the work and complete the formalities and also invoked the arbitration clause by issuing an arbitration notice dated 30.10.2023 proposing the name of the arbitrator. The respondent did not concur appointing the arbitrator. Hence, this petition.

4. Despite the service of notice, the respondent remained unrepresented before this court. - 4 - NC: 2026:KHC:10939 CMP No. 365 of 2025 HC-KAR

5. Heard the arguments of the learned counsel for the petitioner.

6. Learned counsel for the petitioner submits that, the arbitral dispute arose between the parties to the petition and there exists an arbitration clause. He submits that the petitioner invoked the arbitration clause by issuing an arbitration notice under section 21 of the Act. Hence, the dispute has to be referred to the Arbitration. Accordingly, on these grounds, prays to allow the petition.

8. Perused the records, and considered the submissions of the learned counsel for the petitioner. The point, that would arise for consideration is as follows: “Whether the petitioner has made out a ground to refer the dispute to the arbitration in terms of clause 13 of the offer of employment dated

19.08.2019 vide Annexure C as per - 5 - NC: 2026:KHC:10939 CMP No. 365 of 2025 HC-KAR the provisions of the Arbitration and conciliation Act, 1996.”

9. It is undisputed that the respondent was offered an employment at Mysore as “Application Specialist” in the petitioner’s company on 19.08.2019 vide offer of employment at Annexure-C. The respondent sent a resignation through email dated 19.05.2023 to his reporting manager and thereafter did not report to the work. The petitioner invoked the arbitration clause by issuing an arbitration notice dated

30.10.2023. I have perused the arbitration clause at clause 13 of the offer of Employment dated

19.08.2019, which reads as follows:

13. Disputes & Arbitration: Any dispute or difference or claim arising in connection with this contract shall be resolved by reference to arbitration by a sole arbitrator appointed by Skanray Technologies Pvt. Ltd., at its sole discretion. The arbitration proceedings shall be governed by the Arbitration & - 6 - NC: 2026:KHC:10939 CMP No. 365 of 2025 HC-KAR Conciliation Act, 1996. The language of arbitration shall be English. Each of Skanray Technologles Pvt. Ltd, or the employee shall be respectively entitled to approach the Court of competent jurisdiction for such interim relief's as the Company or the Employee may in its discretion deem fit. The venue of arbitration shall be at Mysore and the Courts at Mysore shall have exclusive jurisdiction. The award of the arbitrator shall be final and binding on the parties. The governing law shall be the laws of India.

10. From the perusal of the aforementioned arbitration clause, it is clear that, all the disputes arising in connection with the contract shall be referred to the Arbitration. Admittedly, there is an arbitration clause and the dispute arose between the parties to the petition which is arbitral in nature and the petitioner has invoked the arbitration clause by issuing an arbitration notice dated 30.10.2023. However, the - 7 - NC: 2026:KHC:10939 CMP No. 365 of 2025 HC-KAR respondent did not concur in appointing arbitrator.

11. For the foregoing discussion, the petitioner has made out a ground to refer the dispute to the arbitration. Accordingly, I answer the point in the affirmative.

12. In the result, the following: ORDER i. The Civil miscellaneous petition is allowed. ii. Sri. S.G. Hiremath, Senior Civil Judge (Retired) is nominated arbitrator to resolve the dispute between petitioner respondents in terms of clause 13 of the offer of Employment vide Annexure-C as per the provisions of the Arbitration and Conciliation Act and the Rules. iii. All contentions of the parties are kept open. - 8 - NC: 2026:KHC:10939 CMP No. 365 of 2025 HC-KAR iv. Registry is directed to communicate this order to the learned arbitrator and the director of the Arbitration and Conciliation Centre, Bengaluru. v. Registry is directed to return the original/certified documents produced by the petitioner after retaining the photocopy of the same. vi. Pending IA(s), if any, disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS (Online) CT:KHV