HDFC BANK LIMITED Vs. UMASHANKAR SINGH

JUDGEMENT

(1.) This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

(2.) This revision petition has been filed for setting aside order dtd. 31/3/2021 passed by the learned Civil Judge (Junior Division), Gurugram whereby application under Order 7 Rule 10 read with Order 7 Rule 11 and Sec. 151 CPC filed by the petitioners/defendants was dismissed.

(3.) Brief facts necessary for adjudication of the matter are that, the plaintiff, arrayed as respondent in this revision petition, filed a suit for damages, declaration, recovery of salary and arrears alongwith pendente lite and future interest. Respondent/plaintiff claimed that his services were terminated illegally and arbitrarily without due compliance of the terms and conditions of employment agreement executed between the parties. Present petitioners moved an application under Order 7 Rule 10 read with Order 7 Rule 11 and Sec. 151 CPC while admitting that plaintiff was an employee with the petitioners-Bank prior to his termination. It is stated that the terms and conditions of plaintiffs services were contained in employment contract dtd. 1/2/2011 executed between plaintiff and petitioners/defendants. As per clause XXIII (viii) of the employment contract, it was agreed that in case of any dispute arising between the parties regarding employment, it is the courts in Mumbai which would have exclusive jurisdiction to adjudicate upon the matter. It is further pleaded that the plaintiff sought recovery of Rs.31,04,606.00 but appropriate court fee has not been affixed. Therefore, the plaint should be returned. Plaintiff/respondent contested the application while submitting that entire cause of action arose at Gurugram, the regional registered office of the defendants was at Gurugram, petitioner had also served the defendants at Gurugram, received his payment there and his services were also terminated while serving at Gurugram.