BANANA IP COUNSELS LLP Vs. NISHA KURIAN

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 11.08.2020 passed by the learned Additional Senior Civil Judge, Patiala House Court in Suit, being CS No. 601 of 2018 titled Ms. Nisha Kurian v. Banana IP Counsels, rejecting the application of the petitioner filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code ).

(2.) The above Suit has been filed by the respondent herein inter alia pleading that she was working as a Senior Associate-IPR with the petitioner herein. She had tendered her resignation from the services on 29.12.2017, however, the petitioner herein, vide its letter dated 29.01.2018, refused to accept the resignation and instead terminated the Employment Agreement of the respondent with effect from 21.01.2018. The respondent prayed for the following relief in her Suit:

(3.) The learned counsel for the petitioner submits that the above Suit was clearly not maintainable and was liable to be dismissed. He submits that as far as the prayer (a) is concerned, a simpliciter Suit for declaration is not maintainable. He submits that a Suit for specific performance of such a contract is not maintainable and therefore, the remedy of the respondent, if any, would only be in form of a Suit for declaration with damages. In this regard, he places reliance on the judgments of the Supreme Court in Executive Committee of Vaish Degree College, Shamli & Ors. v. Lakshmi Narain & Ors. , 1976 2 SCC 58; Apollo Tyres Ltd. v. C.P. Sabastian, IX , 2010 SLT 237; State Bank of India & Ors. v. S.N. Goel , 2008 8 SCC 92; and Venkataraja & Ors. v. Vidyane Doureradjaperumal , 2014 14 SCC 502.