UNISANKYO LIMITED Vs. ASHOK KUMAR JAISWAL

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners - defendants 1 and 2 aggrieved by the order dtd. 9/11/2022 passed in I.A.No.218 of 2022 in O.S.No.316 of 2009 by the learned IV Senior Civil Judge, City Civil Court, Hyderabad in allowing the petition filed by the respondent No.1 - plaintiff under Order XVI Rule 14 read with Sec. 151 of CPC to summon the Managing Director of the petitioner No.1 Company.

(2.) The brief facts of the case are that O.S.No.316 of 2009 was filed by the respondent No.1 - plaintiff seeking the relief of declaration that the enquiry proceedings conducted against him on the basis of the charge sheet issued by petitioner No.2 and the termination order dtd. 3/12/2010 issued by the Chief Finance Officer and Secretary of Defendant No.1 Company, as without jurisdiction, illegal, null and void and in gross violation of principles of natural justice and to grant decree for perpetual injunction restraining the defendants from conducting the enquiry proceedings against the plaintiff and for mandatory injunction directing the defendants 1 to 3 to pay net monthly salary from the month of September, 2008 to February, 2009 along with all other attendant service benefits and to continue to pay future net monthly salary.

(3.) During the course of trial, PWs.1 to 10 were examined on behalf of the plaintiff. On behalf of the defendants, the defendant No.2 was examined as DW.1 and he was cross-examined on several dates and the same was not yet completed. While the case was at that stage, the respondent No.1 - plaintiff filed I.A.No.218 of 2022 to issue witness summons to the Managing Director of the defendant No.1 Company by name Mr.Jay Soman. The petitioners herein filed their counter opposing the said application. The trial court on considering the contentions of both the learned counsel, allowed the petition issuing witness summons to the Managing Director of the petitioner No.1 Company.