LAWS(DLH)-2012-9-476

GOPAL GUREJA Vs. RICHARD ELLIS LTD

Decided On September 18, 2012
Gopal Gureja Appellant
V/S
Richard Ellis Ltd Respondents

JUDGEMENT

(1.) THE subject suit seeking recovery of Rs. 1,75,38,515.00 has been filed by the plaintiff who was an employee of the defendant no.1. There were originally three defendants in the suit. Defendant no. 4 which is called as M/s C.B.Richard Ellis, was added as a party pursuant to an application filed by the plaintiff because as per the plaintiff, the defendant no.1 has changed its name to M/s C.B.Richard Ellis Ltd. Of course, as the facts will later show that the defendant no.4's name is a mis-description and the correct name of defendant no.4 would be M/s C.B.Richard Ellis Mauritius Ltd. The suit claim for the total amount of Rs. 1,75,38,515.00 is broken down in different parts in para 21 of the plaint which reads as under:-

(2.) ACTUALLY , the suit was preceded by a legal notice dated 25.9.1997 (Ex.P-6) sent by the plaintiff to the defendant no.1 and in which, the amount as stated in para 21 (a) of the plaint has been calculated as under:-

(3.) DEFENDANT no.1, the employer company, filed no written statement and was proceeded ex parte. Defendant no.3 also did not file any written statement and was proceeded ex parte. Defendant no.2 filed written statement, however, he subsequently failed to appear and did not lead any evidence.