INDIA INTERNATIONAL CENTRE Vs. HEMA GUSAIN

JUDGEMENT

(1.) The present Appeal seeks to challenge the order dtd. 6/7/2022 passed by the learned Single Judge in I.A. No. 10179/2021 in CS (OS) No. 251 of 2020 [hereinafter called "Impugned Order"]. By the Impugned Order, the Appellant/Defendant No.1's Application under Order VII Rule 11 of Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"] seeking rejection of the Plaint filed by the Appellant/Defendant No.1 [hereinafter for ease of reference referred to as "IIC"] was dismissed.

(2.) A suit for recovery of damages and compensation for wrongful termination of service by IIC was filed before the learned Single Judge by Respondent No.1/Plaintiff [hereinafter for ease of reference referred to as "HEMA"] who was employed with IIC for more than two decades was 'forced to resign from her employment' and the forced resignation falls within the category of illegal termination. HEMA has, thus, prayed for a decree of recovery of damages for her dismissal from service and for interests and costs. The prayers made in the Plaint read:

(3.) Along with the Plaint, HEMA filed documents in support of her case. IIC filed an Application under Order VII Rule 11 of CPC wherein it was prayed that the plaint filed by HEMA in CS (OS) No. 251 of 2020 [hereinafter referred to as "Plaint"] be rejected under the provisions of Order VII Rule 11 of CPC.