CAPT VIJENDER SINGH CHAUHAN Vs. PARSVNATH DEVELOPERS LTD

JUDGEMENT

(1.) I.A. 19635/2013 (Leave to defend)

(2.) As per the appointment letter, plaintiff was given emoluments of Rs.1,92,333/- per month i.e. Basic Rs.1,28,000/- and HRA Rs.64,333/- per month besides other benefits including medical allowances etc. The plaintiff found that in the month of November, 2008, the defendant company arbitrarily and unilaterally decreased the salary from Rs.2,08,329/- per month to Rs.1,56,247/- per month. The amount was deposited directly in the account of the plaintiff. The plaintiff had no option but to accept the same under coercion and compulsion as the salary for 3-4 months was always kept in arrears. Plaintiff was also not given an increment despite repeated requests.

(3.) Learned counsel for the defendant seeks unconditional leave to defend, firstly on the ground that the suit is not maintainable under Order 37 CPC as the terms of the agreement were renegotiated and the salary of the plaintiff and many other employees was reduced. Counsel for defendant submits that since the plaintiff accepted the reduced salary without any protest and demur, the terms of the agreement were modified by the parties and thus the reliance placed on the offer letter as the basis of filing the present suit under Order 37 CPC is misplaced. Counsel further submits that the plaintiff has not approached this Court with clean hands and he has suppressed material facts including the fact that plaintiff had filed a petition under Sections 433-434 of the Companies Act for winding up of the defendant company which was dismissed and this fact was brought to the notice of the plaintiff by the Court who incidentally was also the Company Judge at the relevant point of time and only thereafter the order of the Company Court was filed by the plaintiff.