MAHINDRA BRITISH TELECOM LIMITED Vs. PRABHAT GUPTA

JUDGEMENT

(1.) THE plaintiffs have prayed for a decree against the defendants as under:---

(2.) FROM the averments in the plaint, the suit claim appears to have arisen from a service contract between the plaintiff company and the defendant No. 1, an employee of the plaintiffs under the contract dated 25th June, 1996 and the surety agreement between the plaintiffs and the defendant Nos. 2 and 3, whereby the sureties had ensured that the defendant No. 1 would abide by the agreement failing which the defendant Nos. 2 and 3 would be liable to pay to the plaintiffs an amount of Rs. 2 lakhs as "liquidated damages". It is alleged by the plaintiffs that the defendant No. 1 has committed breach of the service agreement as he had abandoned the employment and had not completed the service for a period of two years after he was confirmed in employment from 1-4-1998. According to the plaintiffs, he had abandoned the employment before completion of the said period of two years, and therefore, the plaintiffs have become entitled to claim liquidated damages from the defendants as per the agreement dated 25th June, 1996, separately entered into between the plaintiffs and the defendant No. 1 and between the plaintiffs and defendant Nos. 2 and 3.

(3.) ON receipt of the writ of summons, defendants Nos. 2 and 3 have entered their appearance. The plaintiffs, thereafter, have taken out summons for judgment against the defendant Nos. 2 and 3 and have prayed for ex parte decree against the defendant No. 1. It appears that as far as the defendant No. 1 is concerned the suit has been decreed.