Final Order 8

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF ANURAG THAKUR
SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER, EAST,
KARKARDOOMA COURTS, DELHI.
SUIT No.:- 635/23
CNR No.:- DLET03-001219-2023
IN THE MATTER OF:-
Sandeep Kumar
S/o Sh. Jagat Singh
R/o Village Jahangirpur,
P.O.Ganjal Distt.Bijnor,
Uttar Pradesh-246721 …Plaintiff
Versus
Prymus Brand Com India Pvt. Ltd.
206-207, 2nd Floor, Pooja Complex,
22, Veer Savarkar Block,
Shakarpur, Vikas Marg, Delhi-110092,
Through its Managing Director. ...Defendant
SUIT FOR RECOVERY OF RS.1,11,580/-
(Rupees One Lakh Eleven Thousand Five Hundred Eighty Only)
Date of Institution: 14.08.2023
Date on which Judgment was reserved: 23.07.2024
Date of judgment: 28.08.2024
JUDGMENT
1. By way of present judgment, this court shall
adjudicate upon suit for recovery of Rs.1,11,580/-(Rupees
One Lakh Eleven Thousand Five Hundred Eighty Only)
filed by the plaintiff against the defendant.
2. The Defendant is a private limited company
incorporated under the extant Companies Act and has its
CS No:635/23 Sandeep Kumar v. Prymus Brand Com India Pvt. Ltd.
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office at 206-207, 2nd floor, Pooja Complex, 22 Veer
Sarvarkar Block, Shakurpur, Vikas Marg, Delhi-110092.
3. On 03.12.2021 the plaintiff received an offer of
appointment from defendant for the position of Backend
Developer. The plaintiff was asked to join the service on
06.12.2021. The working hours/timings were from 10 a.m
to 7:00 p.m with a salary package of Rs.2.4 lakhs per
annum with direction to report to Abhishek Tyagi, Digital
Marketing Manager. The plaintiff joined and successfully
completed the probation period of three months and
thereafter, he was inducted as permanent employee of
defendant. The plaintiff worked to the satisfaction of the
defendant upto 31.03.2023, however, the plaintiff was
constrained to discontinue with the job due to non-
payment of his salary dues of Rs.4,000/- for July, 2022 and
non-payment of salary for the months of November, 2022
to March, 2023. The plaintiff requested the defendant to
pay his salary arrears amounting to Rs.1,04,000/- but to no
avail. Finding no recourse, the plaintiff through his counsel
sent a demand notice dated 30.05.2023 to the defendant
calling upon it to pay arrears of salary and legal notice
charges aggregating to Rs.1,09,500/- within one week of
receipt of notice. Despite service, the notice remained
unheeded and hence, this suit for recovery of Rs.1,11,580/-
together with cost and interest @ 6% per annum from the
date of the filing of the suit till the date of realization of the
amount.
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4. Summons of this suit was served upon the defendant
who appeared through its counsel. On the date fixed for
filing of the written statement, the defendant company
remained unrepresented and was thus, proceeded ex-parte
on 08.02.2024. Though, written statement was thereafter
filed alongwith an application under Section 5 of the
Limitation Act, 1963 seeking condonation of delay in
filing the written statement, however, no application for
setting aside order dated 08.02.2024 was made.
Consequently, the written statement was not taken on
record.
5. Thereafter, the matter was fixed for recoding of ex-
parte PE. A counsel appeared for the defendant and filed
memo of appearance on the day fixed for recoding of PE
but thereafter, no one appeared for the defendant. To
substantiate the pleadings, plaintiff examined himself as
PW-1 and tendered his evidence by way of affidavit
Ex.PW1/A. He relied upon the following documents in
evidence:-
1. Copy of Aadhar Card Ex.PW1/1 (OSR).
2. Copy of Offer letter Ex.PW1/2 (OSR).
3. Copy of Identity card Ex.PW1/3 (OSR)
4. Copy of statement of bank account Ex.PW1/4
5. Legal Notice dated 30.05.2023 Ex.PW1/5
6. Original postal receipt Ex.PW1/6.
7. Tracking report Ex.PW1/7.
8. Certificate u/s 65B of Indian Evidence Act Ex.PW1/8.
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The plaintiff evidence was closed on 04.05.2024 and final
arguments in the matter were heard on 23.07.2024.
6. Once the written statement filed by defendant was
not taken on record then this court could have pronounced
judgment on the basis of implied admission of case of
plaintiff by defendant, as facts admitted need not be
proved. The judgment could have been passed by resorting
to Order VIII Rule 5 and 10 CPC, however by way of
abundant caution, the plaintiff was asked to lead evidence
to prove the case against defendant.
7. The offer letter and the identity card show that the
plaintiff indeed worked for the defendant. The legal notice,
postal receipt and corresponding tracking report show that
salary arrears were indeed demanded from the defendant
company. It is the oral testimony of the plaintiff that the
arrears of salary for the month of November, 2022 to
March, 2023 have not been paid till date by defendant.
There is no reason to disbelieve the testimony of plaintiff.
The case of the plaintiff has gone unchallenged and
unrebutted. The case as adumbrated by the plaintiff
inspires confidence. Accordingly, by applying the
yardstick of preponderance of probabilities, the present
suit is decreed in favour of the plaintiff and against the
defendant. The ld. Counsel for the plaintiff has filed
Advocate Fee Proforma showing that a fee of Rs.15,000/-
was paid to her by the plaintiff on 16.08.2023. This fee
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shall form part of the cost of suit. It would be a travesty of
justice if no interest is awarded to the plaintiff,
accordingly, interest @ 6% per annum from the date of
filing of suit till the date of realization of amount of
Rs.1,11,580/- shall be payable by the defendant to the
plaintiff.
RELIEF
A money decree for a sum of Rs.1,11,580/- is passed
in favour of the plaintiff and against the defendant. Interest
@ 6% per annum from the date of filing of the suit till the
date of realization of amount of Rs.1,11,580/- is awarded
in favour of plaintiff and against the defendant. Cost of the
suit (including the fee of Advocate of plaintiff) are also
awarded in favour of the plaintiff and against the
defendant. Decree sheet be prepared accordingly.
Announced in open court
on this 28th August, 2024.
Anurag Thakur
Senior Civil Judge-cum-RC (East)
Karkardooma Courts, Delhi
This judgment consists of 5 pages
and each and every page of this
judgment is signed by me.
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