NEERAJ SHUKLA Vs. FRANKFINN AVIATION SERVICES (P) LTD

JUDGEMENT

(1.) CM Nos. 1639 -1640/2015

(2.) THE petitioner filed suit under Order 37 CPC claiming that he was an employee of the defendant company and was appointed as Regional Head, Sales and Operations of Southern Region vide appointment letter dated 4th May, 2012 on which day he joined. On 7th August, 2012 by a communication through e -mail he tendered his resignation with request for waiving of the notice period and his resignation was duly accepted with effect from the same date and the notice period was also waived off. The petitioner surrendered all the assets of the defendant company and on 21st August, 2012 sent a mail requesting the defendant/respondent to clear all the dues by making full and final payment which include his salary from 26th July, 2012 to 7th August, 2012 amounting to Rs. 1,95,000/ -, reimbursement of Rs. 61,082/ - as travel expenses vide travel bills dated 10th June, 2012, 24th June, 2012, 4th July, 2012 and 5th August, 2012 and reimbursement on heads of medical, driver, petrol and entertainment amounting to Rs. 50,753/ - for the period from 5th May, 2012 to 7th June, 2012. Since despite repeated reminders the amount has not been paid, the plaint was filed for recovery of Rs. 3,07,701/ - along with interest thereon.

(3.) THE learned Trial Court vide the impugned order noted that in fact in the circumstances of the case suit under Order 37 CPC itself was not maintainable, there being no liquidated demand and no contract out of which the amount claimed by the plaintiff has arisen; however since initially summons were sent as prescribed under Order 37 CPC and triable issues have been raised by the defendant, unconditional leave to defend was granted.