SHUBH GAUTAM Vs. NABANITA MUKHERJEE

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 3rd August, 2013 of the Court of the Additional District Judge (ADJ) (Central) -01, Tis Hazari Courts Delhi of dismissal of CS No.271/2009 (Unique I.D. No.02401C0868302006) filed by the appellant for recovery of Rs.5 lakhs from the respondent.

(2.) THOUGH this is a first appeal and is coming up before this Court today for the first time but the counsel for the appellant/plaintiff having along with the memorandum of appeal filed all the relevant Trial Court record and being prima facie of the opinion formed on the basis of reading of the judgment that the issue involved is no longer res integra, instead of dealing with the application of the appellant/plaintiff for condonation of two days delay in filing the appeal, the counsel for the appellant/plaintiff has been heard finally on the appeal.

(3.) THOUGH the suit was originally filed under Order 37 of the Civil Procedure Code (CPC), 1908 but was converted into an ordinary suit. The respondent/defendant contested the suit, though not disputing the execution of the service indemnity bond but denying that any training was imparted to her and further pleading that though the bond was got executed stating that the respondent/defendant would be deputed to Italy and Germany for specialized training but was not so deputed and denying her liability in any amount and further pleading the terms of the service bond to be illegal and oppressive to public conscience. It was also pleaded that the respondent/defendant had fallen sick owing to long and onerous duty imposed by the appellant/plaintiff on her and that the appellant/plaintiff had not suffered any loss from her leaving the employment.