Order 12

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 118-21
ASHOK KUMAR GUPTA S/O LATE SH LAXMAN DASS GUPTA Vs.
SAV LOGISTICS LIMITED
01.04.2025
Present : Sh. Rachit Gupta, Ld. Counsel for the plaintiff.
Sh. Shivam Sharma, Ld. Counsel for the defendant.
Briefly stated: The plaintiff herein, former employee of the
defendant herein has filed a suit for recovery of arrears of salary.
An application under Order XII Rule 6 of CPC has been
moved on behalf of the plaintiff contending that in para no.5 & 6 of
preliminary objection and para no.7 & 12 of the reply on merits of the
written statement, the defendant has admitted its liability to repay a sum of
Rs.4,97,554/- and part decree, at least to that extent needs to be passed
under Order XII Rule 6 of CPC.
Ld. Counsel for the defendants contends that as per
communication dated 19.05.2020, the outstanding amount was required to
be paid under a mutual understanding to the effect that amount shall be paid
on the basis of performance and availability of funds.
Upon specific query of the Court, as to if there was some
written employment contract between the parties, both the parties seeks
some time to assist the Court with respect to the written employment
contract.
At request, now to come up for arguments on application under
Order XII Rule 6 of CPC in instant matter on 13.08.2025. Both the parties
are directed to place on record original employment contract between the
parties herein well before the next date of hearing with advance copy to the
other side.
(Dharmender Rana)
District Judge – 01
PHC/New Delhi/01.04.2025
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