CAPTAIN MUKUL GUPTA Vs. KINGFISHER AIRLINES LTD

JUDGEMENT

(1.) The plaintiff has instituted suit under Order XXXVII CPC for recovery of Rs. 20,09,795/- (Rs. 13,25,000/- as salary amount, Rs. 3,19,825/- as interest, Rs. 1,86,000/- as gratuity, Rs. 93,970/- as 45 days' leave encashment and Rs. 85,000/- as additional flying allowance above 70 Hrs.) against the defendant, pleadings the following :

(2.) The suit was first time listed before the Joint Registrar on 27.05.2013. Summons to the defendant on the prescribed proforma under Order XXXVII CPC were ordered to be issued. The defendant was served on 01.08.2013. Appearance was put on behalf of the defendant on 06.09.2013 and it was informed that appropriate application in due course would be moved. The matter was subsequently, referred to Delhi High Court Mediation & Conciliation Centre for settlement. However, the matter could not be settled there. IA No. 5675/2014 under Order XXXVII Rule 3(4) CPC was moved on behalf of the plaintiff for issuance of summons for judgment. The defendant, however, did not file any application for leave to contest within the period of limitation.

(3.) Since the defendant did not apply for leave to defend, under Order XXXVII Rule 3 (6) CPC, the plaintiff is entitled to judgment forthwith.