AIRWIDE CAR RENT PVT LTD Vs. SURENDER SINGH

JUDGEMENT

(1.) C.M. No.27474/2018 (exemption)

(2.) This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 24.4.2018 by which trial court has dismissed the counter-claim filed by the appellant/defendant/counter claimant for a sum of Rs.7,79,900/- along with interest.

(3.) The subject suit is a suit filed by the respondent/plaintiff/employee for recovery of moneys on account of his employment with the appellant/defendant/employer. The respondent/plaintiff prayed for recovery of Rs.5.30 lacs along with interest. In essence the claim of the respondent/plaintiff was towards unpaid salary. In this suit of the respondent/plaintiff/employee, the appellant/defendant/employer filed the subject counter-claim pleading that this amount of Rs.7,79,900/- as claimed in the counter claim had become due on account of the respondent/plaintiff not giving the correct details of the expenditure incurred and having therefore misappropriated an amount of Rs.7,79,900/- which was claimed through the counter-claim. The relevant paras of the counter-claim as to how the amount claimed by the appellant/defendant/counterclaimant was due from the respondent/plaintiff are paras 3 to 6 of the counter-claim, and these paras 3 to 6 read as under:-