SAJJAN INDIA LIMITED Vs. MURLIDHAR TIWARI

JUDGEMENT

(1.) Appellant-original plaintiff has challenged the judgment and decree dated 24.11.2017 passed by the learned Additional Senior Civil Judge, Ankleshwar, in Special Civil Suit No. 22 of 2016. By such judgment, the learned Judge was pleased to reject the plaint of the appellant original plaintiff in exercise of powers under Order 7, Rule 11 of Civil Procedure Code on the ground that the suit was barred by limitation.

(2.) Brief facts are as under.

(3.) Appellant is a registered company. The respondent was appointed by the appellant as a supervisor at its factory at Ankleshwar under an appointment order dated 19.02.2001. In course of time, he was promoted as manager. According to the plaintiff, as per the averments made in the suit, during his tenure as an employee, the defendant was granted various amounts by way of advance. By the end of calender year 2012, the total lending by the plaintiff to the defendant reached Rs. 19 lakhs. As per the understanding between the parties, such amount would carry interest at the rate of 6% per annum. There would be penal interest at the rate of 18% per annum. The defendant had agreed that such advances and the interest would be recovered out of the salary and other emoluments of the employee. The plaintiff maintained a mutual current account in the books of account in respect of advances made to the defendant and the interest and the repayment of the advances were adjusted out of the salary and other emoluments of the defendant. As on the close of accounting year 201213, aggregate Rs. 16,97,534/was due and payable by the defendant to the plaintiff. The defendant tendered his letter of resignation to the plaintiff on 22.02.2013. Such resignation was accepted under a letter dated 15.03.2013 making the resignation effective from 22.02.2013. Under the same letter, the plaintiff had also conveyed to the defendant that sizable sum of advances and interest was outstanding due and payable by the defendant to the plaintiff. Subsequently, the plaintiff also issued a legal notice to the defendant on 11.04.2013 seeking recoveries of the outstanding amounts. The defendant did not make the payment thereof and the plaintiff therefore filed the said suit on 01.04.2016 for a recovery of sum of Rs. 22,26,331/which included the calculation of interest till the date of the suit and prayed for a decree to the tune of the said sum to be paid by the defendant with interest.