Bijay Kumar Verma vs Consortium For Educational ...
2014 Latest Caselaw 6973 Del

*         IN THE HIGH COURT OF DELHI AT NEW DELHI

+                     W.P.(C) 9022/2014

                                             Decided on 18.12.2014
IN THE MATTER OF :
BIJAY KUMAR VERMA                                      Petitioner
                      Through Mr.Subhro Sanyal, Advocate with
                      petitioner in person



                      versus

CONSORTIUM FOR EDUCATIONAL COMMUNICATION & ORS. Respondents
                  Through Mr.Amitesh Kumar, Advocate for
                  R-1 to 4 and R-6

CORAM

HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. The present petition has been filed by the petitioner praying inter

alia for setting aside an oral order of termination conveyed by the

respondents on 7.5.2014, thereby removing him from the post of Editor

of the respondent No.1.

2. In the course of arguments, Mr.Amitesh Kumar, learned counsel for

the respondents No.1 to 4 and 6, who appears on advance copy, hands

over a copy of the Agreement dated 7.2.2014 executed between the

petitioner and the respondents to state that the said Agreement had

made it abundantly clear that the petitioner's appointment was purely

contractual in nature and it was valid for a period of 89 days,

w.e.f.7.2.2014. He also draws the attention of this court to clause 11 of

the Agreement which is the arbitration clause and states that if the

petitioner has a grievance against the respondents, he ought to have

invoked the said clause.

3. A copy of the aforesaid document and another set of documents are

handed over by learned counsel for the respondents with copies furnished

to the other side and taken on record.

4. Learned counsel for the petitioner states that the aforesaid

Agreement dated 7.2.2014 was never furnished to the petitioner, though

he had signed it and the averments to the said effect have been made in

para L of the grounds of appeal taken in the petition. He further states on

instructions that in view of the fact that there is an arbitration clause

governing the parties, the petitioner may be granted leave to withdraw

the present petition, while reserving his right to raise the disputes,

subject matter of the present petition before the Arbitral Tribunal, in

accordance with law.

5. Leave, as prayed for, is granted. The petition is dismissed as

withdrawn.

                                                      (HIMA KOHLI)
DECEMBER 18, 2014                                        JUDGE
mk/rkb