Order 11

Order Details: COPY OF ORDER
Pdf Text: 32CS SCJ1406/23AIMLAY FOUNDATION Vs. LALIT NAILWAL
29.04.2026
Present : Sh. Mohit Kaushik, Ld. counsel for the plaintiff through VC.
Vide this order, the Court shall dispose off an application
seeking leave to defend filed on behalf of defendant.
By virtue of present application, the defendant is seeking leave
of this court to defend the present suit. It is stated that summons for
judgement have been served upon defendant on 04.01.2025. It is further
stated that plaintiff had sought recovery of Rs. 1,74,268/- against the
defendant under the summary procedure prescribed under Order XXXVII
CPC and plaintiff has not placed the right and proper facts before the Court
and the entire suit is based on false, frivolous and vaxatious allegations
without cause of action. Defendant joined the plaintiff’s company on
02.08.2023 as Operational Manager and continued the job with full
dedication till 12.08.2023 and on 13.08.2023 defendant took leave due to
illness of his mother and next day for urgent reasons defendant had to go
out of station and after coming home he fell ill due to Pancreatic infection
and above all facts were communicated to his reporting head Ms. Surbhi
Jain and also gave assurance that as and when he becomes fit for his job he
shall join his duty. In the meantime, plaintiff had fired him from the job
through e-mail. Defendant returned all the assets of plaintiff i.e. mobile
device, a concurrently active Airtel SIM Card, a set of earphones through
field boy of plaintiff’s company namely Mr. Mahesh who came to his home
for collecting the same in September 2023. Plaintiff’s company had
breached the appointment letter condition and defendant has suffered
monetary loss. Hence, the defendant is entitled to leave to defend the
present suit unconditionally.
Reply on behalf of plaintiff is filed wherein it is stated that the
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application is liable to be dismissed as defendant has failed to disclose any
triable issue and the present application has been filed on false, frivolous,
baseless and concocted facts and the same is not maintainable.
I have heard the submissions made on behalf of parties and
perused the record.
Perusal of the record shows that after service of summons for
appearance, the defendant has filed his appearance pursuant to which
summons for judgment was filed by the plaintiff. Thereafter the present
application was filed by the defendant seeking leave to defend to contest the
present suit. From the averments made in the application for leave to
defend and its reply thereof and from the submissions of the Ld. counsels, it
appears that the main issue in dispute between the parties is with respect to
the conditions of appointment letter dated 02.08.2023 with respect to the
relations of employee and employer. It is the case of the plaintiff that the
defendant had not comply the terms and conditions letter dated 02.08.2023
and did not hand over the mobile devices, SIM etc and remained absence
from his duties without prior notice. On the contrary, the case of defendant
is that on 13.08.2023 defendant took leave due to illness of his mother and
next day for urgent reasons defendant had to go out of station and after
coming home he fell ill due to Pancreatic infection and above all facts were
communicated to his reporting head Ms. Surbhi Jain and also gave
assurance that as and when he becomes fit for his job he shall join his duty.
In the meantime, plaintiff had fired him from the job through e-mail.
Defendant returned all the assets of plaintiff i.e. mobile device, a
concurrently active Airtel SIM Card, a set of earphones through field boy of
plaintiff’s company namely Mr. Mahesh who came to his home for
collecting the same in September 2023. In the opinion of this Court, the
defendant has raised a triable issue which can be decided only after the
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evidences are led by the parties. The issues raised by the defendant
regarding the prior intimation of leave and handing over of mobile devices
etc. to one Mr. Mahesh, employee of plaintiff, requires that the parties be
given opportunity to adduce their evidence in order to prove their respective
claims.
In view of the aforesaid and in the interest of justice, the
application of defendant stands allowed unconditionally.
Defendant is directed to file his written statement within fifteen
days with direction to supply copy of the same to the opposite party against
due acknowledgement.
Accordingly the application stands disposed off.
Put up for completion of pleadings, A/D of documents and
framing of issues on 13.08.2026.
(GITA)
ACJ/CCJ/ARC (North-West)
Rohini Courts, Delhi/29.04.2026
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