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(2024) Law Today Live Doc. Id. 19350 = 2024 : DHC : 5115
Decided on: 11.07.2024
Alongwith
ARB.P. 1212/2023
Lily Packers Private Limited versus Meetkumar Patel
and
ARB.P. 1213/2023
Lily Packers Private Limited versus Rahul Sharma
A. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11(6) – Arbitration – Deposit of amount as pre-condition – Legality of -- A clause which seeks deposit of a part of the claimed amount to avail of the remedy of arbitration is one which would be illegal and unlawful as it is barring a legal remedy from being invoked without deposit of money -- No remedy can be subjected to payment of money, unless authorised by law -- Such a clause in a contract lacks legitimacy and would not be enforceable.
(Para 76)
B. Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11(6) -- Constitution of India, Article 19, 21 -- Employment agreement -- Lock-in period of three years -- Covenants in employment contracts -- Lawful and reasonable covenants which are operative during the term of employment are valid and enforceable -- Such covenants are not in violation of the fundamental rights as provided in the Constitution of India -- Reasonable lock-in periods in employment contracts that apply during the term of employment are valid in law and do not violate Fundamental Rights as enshrined in the Constitution of India -- Disputes relating to lock-in periods that apply during the subsistence of employment contracts, are arbitrable in terms of the Act, 1996.
(Para 78)
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