RITAMBHRA CHAWLA Vs. VAYAM TECHNOLOGIES LTD

JUDGEMENT

(1.) The revisionist is the plaintiff in Civil Suit No. 423/2018, filed under Order XXXVII of the Code of Civil Procedure, 1908 (CPC), pending before the Additional District Judge-05, Patiala House Courts, New Delhi. She assails an order dated 13.11.2018, by which the defendant (respondent herein) was granted unconditional leave to defend the suit.

(2.) The plaintiff is a former employee of the defendant, having been employed as an IT Consultant from 09.08.2010, until she resigned on 28.10.2015. The suit was filed for recovery of unpaid dues of Rs.3,91,641/- which, according to the plaintiff, was admitted by the defendant, alongwith interest thereupon.

(3.) The case of the plaintiff is that she resigned on account of non-payment of her salary for a period of six months. By an e-mail dated 21.01.2016, she sought a certificate of full and final settlement and a statement of accounts. She received a response dated 22.01.2016 from one Shankar Jha to which a statement titled "Full and Final Settlement" was attached. The said statement contained a purported calculation of the salary for the month of October, 2015, as well as addition of an amount of Rs.2,00,646/- towards "Pending Salary - June14, July14, Aug14 & Sep15" and an amount of Rs.1,15,500/- towards leave encashment. After making various adjustments, it disclosed a "Net Payable" of Rs.3,91,641/-.