FIITJEE LTD Vs. DIPANJAN ROY CHOWDHURY

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the Order No.11 dated July 19, 2011 passed by the learned Civil Judge (Junior Division), 4th Court, Alipore in Title Suit No.2413 of 2010 thereby rejecting an application under Order 7 Rule 11 of the C.P.C.

(2.) THE plaintiff / opposite party herein instituted a suit being Title Suit No.2413 of 2010 against the defendant / petitioner herein for declaration that the notice dated February 4, 2010 served by the Manager of the defendant no.1 to the plaintiff is void, ineffective and not maintainable; declaration that the notice dated February 22, 2010 served by the Arbitrator is illegal, void, ab initio; declaration that the plaintiff is entitled to all his arrears salary, etc. from February 2009 to March 15, 2009 and other reliefs.

(3.) MR. S. Gangopadhyay, learned Advocate appearing for the petitioner submits that the service contract lays down the term in paragraph 37(a) at page no.115 of the application for solving the dispute in the following manner and the said clause is quoted below:-