- 1 - HC-KAR NC: 2025:KHC:19726 CMP No. 888 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 888 OF 2022 BETWEEN: MOHAN KUMAR THAKUR AGED ABOUT 46 YEARS, S/O UPENDRA THAKUR, R/AT 2F12, ISHA MISTY GREEN, CHANNASANDRA INNER CIRCLE ROAD, WHITEFIELD, BENGALURU-560067. …PETITIONER (BY SRI. VIVEK B. RAMAKRISHNA., ADVOCATE) AND: M/S PRICEWATERHOUSE COOPERS SERVICE DELIVERY CENTRE (BANGALORE) PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT PINE VALLEY, 4TH FLOOR, EMBASSY GOLF LINKS, BUSINESS PARK, CHALLAGHATTA VILLAGE, VARTHUR HOBLI, BANGALORE-560071 Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19726 CMP No. 888 of 2022 REPRESENTED HEREIN BY ITS DIRECTOR/AUTHORIZED SIGNATORY, SHUBHRA GUPTA, …RESPONDENT (BY SRI. SHARAN A. KUKREJA., ADVOCATE AND MS. ABHIJNA SOMASHEKARA, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT MR. Y HARI PRASAD (ADVOCATE) OR ANY OTHER PERSON THAT THIS COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES UNDER THE EMPLOYMENT AGREEMENT DATED 23.09.2010 (ANNEXURE-A) AT ANY ARBITRAL INSTITUTION SITUATED IN BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has signed the Employee Agreement dated 23.09.2010 with the respondent. The agreement for arbitration, which is part of this Agreement, reads as under: - 3 - HC-KAR NC: 2025:KHC:19726 CMP No. 888 of 2022 "[a] All disputes between you and PwC SDC shall be resolved arbitration in Bangalore or any other mutually agreeable location in India. Arbitral disputes include without limitation employment, employment termination claims and claims by you for employment discrimination, harassment, retaliation and wrongful termination. [b] Arbitration shall be conducted under the auspices of the Indian Council of Arbitration before a panel of three arbitrators, which shall consist of one person selected by each of the two sides to the dispute and the third person jointly selected by the other two arbitrators. [c] The arbitration panel shall have no authority to modify this Agreement [except pursuant to clause 8 of this Agreement] or to award punitive or exemplary damages. PwC SDC may, without waiving its right to compel arbitration, seek injunctive or other provisional relief from a court of competent jurisdiction, to prevent any arbitration award from being rendered ineffectual, to protect PwC SDC's confidential information or intellectual property or for any other purpose in the interests of PwC SDC. - 4 - HC-KAR NC: 2025:KHC:19726 CMP No. 888 of 2022 The Courts at Bangalore or any court of competent jurisdiction in any other state will have jurisdiction over any proceeding relating to arbitration and may enter judgment on any arbitration award rendered or grant judicial recognition of the award or an order of enforcement." The petitioner has caused Notice dated 25.07.2022 [Annexure-E] after his suit is rejected under Section 8 of the Arbitration and Conciliation Act, 1996. The petitioner in issuing the Notice dated 25.07.2022 has nominated a learned Member of the Bar stating that he is on the panel of Arbitrators of the Indian Council of Arbitration [ICA] suggesting his nominee be the Sole Arbitrator. The respondent's response, in its reply dated 24.08.2022 reads as under: 'Further, as per the ICA Rules, your client is mandatorily required to adhere to the ICA Rules while attempting to initiate arbitration. Rule No.15 of the ICA Rules states that the party wishing to initiate arbitration must send a request for arbitration to the Registry of the - 5 - HC-KAR NC: 2025:KHC:19726 CMP No. 888 of 2022 ICA and the counter party. It appears that your client has failed to adhere to the ICA Rules by failing to issue a request for arbitration to the Registry of the ICA. Therefore, the Notice cannot be considered as a request of arbitration and it cannot be said that arbitration proceedings have been commenced between the parties. In the absence of compliance with the mandatory requirement of ICA Rules, the very purported invocation of mechanism of arbitration itself is vitiated and is not maintainable in law." The learned counsel for the petitioner and the learned counsel for the respondent are heard with the learned counsel for the respondent, contending that the Employee Agreement is not specific to the petitioner and it is common to all the employees who have entered rolls on the respondent and there cannot be any reason to justify an exception in the case of the petitioner especially when it is still open to the petitioner to approach the ICA in terms of Rule 15 of the ICA Rules. - 6 - HC-KAR NC: 2025:KHC:19726 CMP No. 888 of 2022 The respondent's objections are considered in the afore circumstances, and this Court is of the view that the petition must be disposed of with liberty to the petitioner to approach the ICA and that the time spent by the petitioner in issuing the Notice dated 25.07.2022 and in prosecuting this petition must stand excluded. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-