ANUPAM DIKSHIT Vs. S. KUMARS NATIONWIDE LIMITED

JUDGEMENT

(1.) By this Petition, Petitioner challenges order dtd. 17/10/2022 passed by the learned Judge of City Civil Court, Greater Mumbai, dismissing Chamber Summons No.1769 of 2019 filed by the Petitioner- Plaintiff for adding Official Liquidator as party Defendant in the Suit.

(2.) Briefly stated, facts of the case are that Petitioner is a Plaintiff in Summary Suit No.1398 of 2017 filed before the City Civil Court for recovery of monies from the Defendant. Petitioner-Plaintiff is a management professional and had joined the services with the Respondent No.1 as Chief Operating Officer on 24/4/2006 in the High Value Fine Cotton Division. He was confirmed in service on 24/1/2007. According to the Plaintiff, Respondent No.1 was irregular in payment of salaries. Plaintiff resigned from services of Respondent No.1 with effect from 10/10/2014 alleging irregularities in payment of salaries. By his letter dtd. 9/10/2014, he requested release of his full gratuity. He was paid lump sum amount of Rs.5,00,000.00 towards gratuity. According to the Plaintiff, there are dues in respect of salaries and other allowances from Respondent No.1. According to Petitioner- Plaintiff, Respondent No.1 never disputed the liability to pay salaries but cited the reason of financial crunch. Plaintiff has filed Summary Suit No.1398 of 2017 on 4/10/2017 under Order XXXVII, Rule 2 of the Code of Civil Procedure, 1908 (Code) before the City Civil Court for recovery of principal sum of Rs.76,85,981.00.

(3.) Despite service of summons, Respondent No.1 failed to appear or to apply for leave to defend within the prescribed time limit. Accordingly, order has been passed on 22/6/2018 directing that the Suit would proceed ex parte against Respondent No.1.