SAMIR JASUJA Vs. ASSOTECH REALTY PRIVATE LTD

JUDGEMENT

(1.) THE plaintiff has filed the present suit under the summary procedure contained in Order 37 CPC. The case of the plaintiff is that he had joined defendant No. 1 -M/s Assotech Realty Private Limited, in the position of Marketing Advisor vide letter dated 23.09.2005. The monthly remuneration agreed as payable to the plaintiff was Rs.1,25,000/ - per month (all inclusive), plus service tax plus 0.1% of all sales less applicable TDS. The plaintiff claims that the Directors of defendant No. 1, including defendant No. 2, were immensely satisfied with his performance and requested the plaintiff to take over the position of Private Equity and Joint Ventures Advisor in addition to his existing position of Marketing Advisor. The plaintiff claims that this position was offered on a monthly remuneration of Rs. 3 lacs (all inclusive) plus service tax as applicable plus incentives.

(2.) THE plaintiff claims that a retainership agreement was signed between the plaintiff and defendant No.1 on 26.07.2006. As per the terms contained therein, the plaintiff was committed a retainership fees for a fixed period of one year. The plaintiff claims that the salient features of the Agreement were as follows:

(3.) THE plaintiff claims that through his sole efforts, the plaintiff procured a new project at Village Caterpuri, Gurgaon, for defendant No.1. He claims that he was instrumental in bringing about a collaboration agreement between the landowners and defendant No.1, and defendant No.1would have earned profits in excess of Rs. 150 crores upon completion of the project.