HSIL LTD. Vs. MANISH VIJ AND ORS.

JUDGEMENT

(1.) The present appeal is filed under Rule 4 of Chapter II of the Delhi High Court (Original Side Rules) 1967 to impugn the order dated 20.10.2016 passed by the learned Joint Registrar dismissing the application under Order 8 Rule 1A (3) of the CPC filed by defendants No. 1 to 4 and 6.

(2.) The present suit is filed by the plaintiff seeking a decree for recovery of a sum of Rs.3,79,06,333/- along with future and pendente lite interest etc. from the defendants.

(3.) The case of the plaintiff is that defendant No.1 joined the plaintiff company in August, 2003 as a senior executive. It is urged that the plaintiff expressed concern on several occasions on outstanding dues from international clients to the tune of Rs.3,79,06,333/-. Defendant No.1 assured the plaintiff that he was regularly following up the issue. On 26.01.2012 defendant No.1 tendered his resignation. When the plaintiff started following up for outstanding payments with international clients, it came to the light in October, 2012 that the customers had already made all the payments and there existed no outstanding in his books. On scrutiny of the documents sent by the customer, it was found that payments had been received from the foreign clients in the account of defendant No.5, which is a company of defendant No.1 and his wife i.e. defendant No.2 and their children who are the directors. The payment is said to have been misappropriated by defendant No.1 and No.2. Similarly, another customer informed about the same situation existing regarding defendant No.3 and defendant No.4 respectively.