BEFORE MR.

FEROZE AHMAD ARBITRATOR

Chamber No. 424, New Lawyers Chamber,
Supreme Court of India,
Bhagwan Das Road, New Delhi – 110001

Arb. No. /2019

IN THE MATTER OF:

ARBITRATION BETWEEN

M/S. MIRIC BIOTECH LTD.

Through

Authority Representative

...CLAIMANT

Vs.

Mr. ALOK KUMAR MISHRA …

RESPONDENT

INDEX

S.No. PARTICULARS PAGES

1. Memo of Parties
2. Claim Petition along with Affidavit
3. Annexure A-1: Copy of the invoking

arbitration clause letter dated

23.05.2019 sent by the Claimant to

the Arbitrator.
4. Annexure A-2: Copy of the consent

letter dated 27.05.2019 sent by

arbitrator to the claimant.

5. Annexure A-3: Board Resolution

dated 01.12.2018.
6. Annexure A-4: Copy of the offer
 mail dated 02.11.2016.
7. Annexure A-5: Copy of the email

dated 04.11.2016 sent by the

Respondent to the Claimant

accepting the offer mail.

8. Annexure A-6: Copy of the Offer

letter dated 16.11.2016 issued by

the claimant to the Respondent.

9. Annexure A-7: Copy of the

undertaking dated 17.11.2016

alongwith the attached copy of the

documents submitted by the

Respondent to the Claimant

Company.
10. Annexure A-8: Copy of email dated

18.11.2016 sent to the Respondent

by Claimant containing ID and

Password for daily working report.

11. Annexure A-9: Copy of the email

sent by the respondent to the

claimant dated 26.11.2016

regarding leave.
12. Annexure A-10: Copy of the show

cause Notice ‘A’ dated 07.12.2016

sent by the claimant through

Registered Post No. RD685229019IN

to the respondent.
 13. Annexure A-11: Copy of the show

cause Notice ‘B’ dated 20.02.2017

sent by the Claimant through

Registered Post No. RD260127976IN

to the Respondent.
14. Annexure A-12: Copy of legal notice

sent on behalf of the claimant to the

Respondent through Registered Post

No. RD755391574IN in respect of

cancellation of the Offer Letter dated

16.11.2016.
15. Annexure A-13: Copy of the

grievance filed by the Respondent

before the Govt. of NCT of Delhi

dated 19.06.2017.
16. Annexure A-14: Copy of the

complaint filed by the Respondent

dated 27.07.2017 before Dy. Labour

Commissioner.
17. Vakalatnama

CLAIMANT

Through

New Delhi

Advocate

Dated:_________2019 Counsel for

Claimant
 BEFORE MR. FEROZE AHMAD ARBITRATOR
Chamber No. 424, New Lawyers Chamber,
Supreme Court of India,
Bhagwan Das Road, New Delhi – 110001

Arb. No. /2019

IN THE MATTER OF:

ARBITRATION BETWEEN

M/S. MIRIC BIOTECH LTD.

Through

Authority Representative …CLAIMANT

Vs.

Mr. ALOK KUMAR MISHRA …RESPONDENT

MEMO OF PARTIES

M/s MIRIC BIOTECH LIMITED

Having its Office At:
105, New Delhi House,
27, Barakhamba Road,
New Delhi-110001 …CLAIMANT

Versus

MR. ALOK KUMAR MISHRA,

C-309, Kalka Royal Residency,
Opposite Trehan Hill View Garden,
Thada,Bhiwadi-301018 …RESPONDENT

CLAIMANT

Through
 New Delhi

Advocate

Dated: __/06/2019 Counsel for Claimant

BEFORE MR. FEROZE AHMAD ARBITRATOR

Chamber No. 424, New Lawyers Chamber,
Supreme Court of India,
Bhagwan Das Road, New Delhi – 110001

Arb. No. /2019

IN THE MATTER OF:

ARBITRATION BETWEEN

M/s. MIRIC BIOTECH LTD.

Through

Authority Representative ...…CLAIMANT

Vs.

Mr. ALOK KUMAR MISHRA …RESPONDENT

STATEMENT OF CLAIM ON BEHALF OF THE

CLAIMANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY SUBMISSIONS:

1. That consequent upon certain disputes having been arisen

between the Claimant and the Respondent in connection

with the aforesaid Offer Letter dated 16.11.2016 due to

non compliance with the terms and condition mentioned

in the Offer Letter of the Claimant, the Claimant requested

the Hon’ble Arbitral Tribunal to adjudicat e upon the

disputes between the parties vide its letter dated

 23.05.2019, in terms of Arbitration Clause i.e clause 13

mentioned in the Offer Letter dated 16.11.2016 which

reads as under:

“13. In case of violation, the matter will be referred to the

Arbitrator appointed by Company who shall be sole

Arbitrator to resolve the issue.”

Copy of the said letter ated 23.05.2019 is annexed

herewith and marked as ANNEXURE A-1.

2. That the Hon’ble Arbitrator was pleased to give his

consent to act as Sole Arbitrator and to adjudicate upon

the disputes arose between parties vide letter dated

27.05.2019. Copy of the said letter dated 27.05.2019 is

annexed herewith and marked as ANNEXURE A-2.

3. That as directed by the Hon’ble Arbitral Tribunal, the

Claimant puts in appearance and submits its Statement

of Claim for further proceedings by the Hon’ble Arbitral

Tribunal.

4. That the Claimant reserves its right to submit a

Replication after receipt of Reply from the Respondents.

5. That the Claimant also reserves its right to add, alter and

amend the Statement of Claim as and when the occasion

for the same arises and also to place on record the further

documents.

BRIEF FACTS OF THE CASE:

1. That the Claimant is a company registered under the

Companies Act, 1956 with the Registrar of

Companies, NCT of Delhi and Haryana acting through

its Directors engaged in the business of trade

marketing, buy, sell, pack, repack, export, import,

store, supply transport or otherwise to act as an

agent, broker, sales promoter, distributor, stockiest,

franchise, consultant turn key contractor, patent

owner, trade mark owner, in fast moving consumer

goods, as to carry on the business of all kinds of

Health foods, processed foods, tea, trade, sell, buy,

import, export, market, test and if required to

establish laboratory for testing the products and other

allied products. To manufacture, process, prepare,

preserve, canning, refine, bottle, buy, sell and deal

whether as wholesalers, retailers or as exporters or

importers or as principals or agents, in food, protein,

health and instant foods of all kinds including baby

and dietetic foods, cereals, beverages, cordials, tonics,

restoratives and aerated mineral waters and food-

stuffs and consumable provisions of every description

for human or animal consumption. To manufacture

and deal in all kinds of medicated eatables and tinned

health products, massage oils, health vitamin

capsules and all types of special tonics and tablets to

improve the health and all types of special tonics and

tablets to improve the health in common. To

manufacture, sell, export and import high protein diet

packs and special foods for making health and herbal

foods for all types of individuals. To carry out all

kinds of activities related with the trading,

 manufacturing, importing, exporting, buying, selling

of all kinds of Health Foods, fast foods and

consumable commodities and also engaged in other

ancillary and incidental activities.

2. That Sh. Vinod Dubey is the Authorised

Representative of the Claimant-Company and has

been duly authorized, inter alia, to sign, verify and file

the present Statement of Claim vide Resolution dated

01.12.2018 passed by the Board of Directors of the

Claimant Company. Copy of the said Resolution dated

01.12.2018 is annexed herewith and marked as

ANNEXURE A-3.

3. That the Respondent approached the Claimant in

response to an advertisement published on web

portal of the Claimant Company to get job and in the

course of process, submitted his biodata,

representing himself having experience of many

years in other companies.

4. That an offer mail was sent to the respondent for the

post of Area Sales Manager from M/S Miric Biotech

Ltd. and was directed to confirm his training from

14.11.16 to 16.11.16. Copy of the said Offer Mail

dated 02.11.2016 is annexed herewith and mrked as

ANNEXURE A-4.

5. That the Respondent replied to the e-mail accepting

the Offer mail issued by the claimant on 04.11.2016.

 Copy of the said email is annexed herewith and

marked as ANNEXURE A-5.

6. That the Claimant provided an Offer Letter to the

Respondent for the post of Area Sales Manager

(FMCG), Head quarter at Gurgaon on 16.11.2016

with net emolument of Rs. 40,000/- (Rupees Forty

Thousand Only) during probation except TA & DA

and mentioning to submit his documents as

mentioned in clause 1 of the Offer Letter within

seven days of joining.

Copy of the abovesaid Offer Letter is annexed

herewith and marked as ANNEXURE A-6.

7. That an Undertaking dated 17.11.2016 was

submitted by the Respondent to the Claimant to

comply with the guidelines and responsibilities given

as per schedule. A copy of appointment letter of

previous employments, compensation structure,

performance review, promotion letter, income tax

details, copy of Aadhar and PAN card and

qualification degree. Copy of the said is annexed

herewith and marked as ANNEXURE A-7.

8. That on 18.11.2016 the Claimant via email sent the

Id and password to the respondent to report his

daily working. Copy of the said is annexed herewith

and marked as ANNEXURE A-8. It is pertinent to

mention here that the Respondent has not

submitted his Daily Working Report through the

 assigned channel. Hence, violated the clause of Offer

Letter as well as Undertaking dated 17.11.2016.

9. That an email was sent by the Respondent to the

Claimant on 26.11.2016 informing that he will be on

leave from 28.11.2016 to 02.12.2016. Copy of the

said email is annexed herewith as Annexure- A-9. It

is to mention that the Respondent emailed leave

himself without any prior approval of the Claiamant.

10. That as per clause 7(iii) of the Offer Letter, the

employee in need of casual leave will have to inform

at least one day before at www.miricbiotch.com and

it cannot be more than one in a month,to which the

Respondent failed to comply.

11. That the Claimant sent a Show Cause Notice ‘A’ to

the Respondent for non-compliance of Offer Letter

and Undertaking through Registered Post no.

RD685229019IN dated 07.12.2016. Copy of the said

Notice along with Postal Receipt is annexed herewith

and marked as ANNEXURE A-10. It is pertinent to

mention that the Respondent has not provided all

the documents reqired by Clause 1A to 1J of the

Offer Letter dated 16.11.2016 till date.

12. That the Respondent did not reply to the above

mentioned Notice ‘A’ and thus another notice was

sent to the Respondent.

13. That the claimant again sent a show cause notice ‘B’

through Registered Post No. RD260127976IN to the

Respondent on 20.02.2017 regarding non

compliance of the required documents for the

purpose of verification and generation of employee

code as mentioned in the Offer Letter. Copy of the

said notice with the Postal Receipt is annexed

herewith as ANNEXURE A-11.

14. That despite of the notices served by the Claimant,

the Respondent did not comply with the terms and

conditions of the Offer Letter. The Respondent

remained on his adamancy of not submitting the

documents due to which the Claimant suffered

losses.

15. That a legal notice was sent by claimant on

24.04.2017 to respondent through Registered Post

No. RD755391574IN in respect of cancellation of the

Offer Letter dated 16.11.2016 and the undertaking

taken, as well as to return the articles entrusted at

the time of issuance of offer letter and directed to

pay Rs 1,55000/- as compensation and Rs.9,500 as

legal charges. Copy of the said is annexed herewith

as ANNEXURE A-12.

16. That a Grievance filed by the respondent on

19.06.2017 was received by the Govt. of NCT of

Delhi which was forwarded to Public Grievances

Commission, M Block, Vikas Bhawan, IP Estate,

 New Delhi. Copy of the said is annexed herewith as

ANNEXURE A-13.

17. That the respondent was directed by the NCT to file

his claim to the concerned authority under the Delhi

Shops Establishment Act, 1954 concerned district

New Delhi, Labour Department, Pt. Ravi Shankar

Shukla Lane, KG Marg I, Canning Lane, New Delhi on

22.07.2017.

18. That the Respondent filed a complaint before the

Office of the Authority appointed under Delhi Shops

and Establishment Act, 1954 on 27.07.2017 claiming

non-payment of salary for the month of November

2016 to January 2017. Copy of the said is annexed

herewith as ANNEXURE A-14.

19. That the Respondent had malafide intention and

deliberately caused loss to the Claimant and inspite

of the gracious behavior of the Claimant towards the

Respondents he had breached the guidelines

mentioned in the Offer letter. (annexed above as

Annexure A-1)

20. That the Respondent without any prior notice of 90

days or depositing salary equivalent to one month

prior to leaving the job as per clause 3 of the

undertaking, left the job without any intimation.

21. That the claimant failed in providing a proper Daily

Working Report and also to the specified email

address.

22. That the claimant found repetition in the Daily

Working Report of the Respondent which attracts

clause 7 (ii) of the Offer Letter. The abovementioned

agreement clause 7(ii) reads as under:

“If any of stage it has been found that your reports is

manipulated, this again treated as misconduct and

you will be terminated Clause No. 3 of undertaking

will be enforced.”

23. That the claimant has not complied with the

guidelines of the offer letter which is valid only,

subject to such formalities which the claimant has

countersigned on each page after being fully satisfied.

24. That the claimant did not submit his documents and

the past employment verification report after giving

several reminders and has grossly failed in complying

with the guidelines of the Offer Letter.

25. That the respondent failed in discharging its legal

obligations as provided under law. The claimant has

only issued an Offer Letter subject to fulfillment of

certain conditions and admittedly the respondent

failed to submit the requisite documents and

therefore the offer was not converted into agreement

inter-se parties.
26. That in such circumstances, the claimant was

compelled to invoke the arbitration clause 13 of the

said agreement, which reads as under:-

“In case of violation, the matter will be referred to the

Arbitrator appointed by Company who shall be the

sole Arbitrator to resolve the issue.”

27. Details of the claim are as hereunder:

S.NO. PARTICULARS AMOUNT

1. Compensation Rs. 1,55000/-

2. Legal Charges Rs. 9,500/-

3. Professional Fee Rs. 100,000/-

4. Loss of profit Rs. 600,000

TOTAL Rs. 7,74,500/-

28. That the said claim of the claimant is based on the

valid and subsisting cause of action to which the

respondents have no defense and, therefore, the

claimant is entitled to the award as prayed for in this

claim.

The claimant reserves its right to place on record

further documents on record in accordance with law.

PRAYER

It is, therefore, prayed that the Hon’ble Tribunal may

graciously be pleased to:

1. Make an award for the sum of Rs. 774,500/- in

favour of claimant and against the respondents as

claimed hereinabove;

2. Make an award for the interest of 24% p.a. on the

above-mentioned amount in favour of claimant and

against the respondents.

3. Make an award for the cost of litigation and other

costs in favour of claimant and against the

respondents.

Pass any other order(s)/relief which this Hon’ble Tribunal

may deem fit and proper in the light of facts and

circumstances of the case and in the interest of justice.

CLAIMANT

Through

New Delhi

Advocate

Dated: __/06/2019 Counsel for

Claimant