B. RATH Vs. DAVID BALL

JUDGEMENT

(1.) BY this order, I propose to dispose of three applications filed by defendants under Order 1 Rule 10 read with Order 7 Rule 11 of the Code of Civil Procedure, 1908. I.A. No. 66/2006 has been filed on behalf of defendant No. 1; I.A. No. 67/2006 has been filed on behalf of defendant Nos. 3 and 3 (a); and I.A. No. 2455/2006 has been filed by the defendant No. 4. In as much as the applications raise similar questions of law and fact as to whether the plaint discloses any cause of action against these defendants, which is to be decided on perusal of the plaint, these applications are being taken up together.

(2.) FOR the purposes of this application, it is necessary to examine the case laid down by the plaintiff in the plaint. The present suit has been filed seeking damages of Rs. 1 crore. The plaintiff contends that he is a software engineer and had been the Vice President - Marketing & Services of the UEC SAIL Information Technology Ltd., defendant No. 2 in this case, from 15th March, 1997 up to the 13th November, 2003. A few months before the termination of his services, the plaintiff was promoted to the post of Sr. Vice President of the defendant No. 2. The plaintiff has contended that in view of his qualifications and his services, he was looking forward to an active career with the defendant No. 2 for the next eight years as he was only 52 years old at the time of issuance of the promotion letter.

(3.) ON this basis, the present suit has been filed seeking damages of Rs. 1 crore for these actions. Apart from Mr. David Ball who has been arrayed as defendant No. 1 and also 1 (a), the plaintiff has arrayed UEC SAIL Information Technology Ltd. as defendant No. 2; the President, USX Engineers & Consultants Inc. as defendant No. 3; the President, UEC Technologies LLC as defendant No. 3(a); and the Chairman of Steel Authority of India Ltd. as defendant No. 4.