Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1
Lodged on : 12/04/2018
Registered on : 01/08/2018
Decided on: 27/02/2020
Duration : Y :M :D
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
COMMERCIAL SUIT NO. 237 OF 2020
S.C. SUIT NO.1953 OF 2018
(CNR NO.MHCC01-004844-2018)
General Insurance Corporation of India )
A Govt Company having its office at )
“Suraksha”, 170 J.Tata Road, Churchgate )
Mumbai 400 020. )...Plaintiff.
Versus
1. Krishnedu Shekhar )
age not known )
as ex-employee having his address at )
C/o.Geetanjali Pradhan Plot No.692 )
Behera Sahi, Nayapali, Bhubaneshwar, )
Odisha-751012. )
2. Siraj Kumar Mishra )
age not known )
having his address at A-102, )
Sriram Vihar Apartments, )
Nayapalli, Bhubaneshwar )
Odisha-751001. )
3. Nityanand Dwivedi )
age not known )
Having his address at Chief Electrical )
Inspector (T & D) Unit 5, )
Power House Square, )
-- 1 of 10 --
2
Vidyut Marg, Bhubaneshwar )
Odisha 751 001. )...Defendants.
Appearance:-
Ld.Advocate Ms.Vaishali Ugale for plaintiff.
None for defendants.
CLAIM: Recovery of amount .
CORAM: HIS HONOUR JUDGE
SHRI R.V. KOKARE
DATE : 27/02/2020 (C.R.No.31)
JUDGMENT
This is a suit filed by the plaintiff Insurance Company for
recovery of an amount of Rs.5,11,427.48p.s. with further interest @
12%p.a. from date of filing of the suit .
Brief facts of the plaintiffs case are as under:-
2. The plaintiff is a Government Company carriying on business of
reinsurance. The defendant no.1 is an Ex-employee of the plaintiff
Company. The defendant nos. 2 and 3 are the Guarantors under a
written bond executed by the defendants. The defendant no.1 was
appointed on probation as an Asst Manager (Scale-I)vide appointment
letter dated 6/02/2012. The defendant no.1 was given residential
induction programme Training by experts for two weeks at National
Insurance Academy, Pune. On completion of training offered
appointment to the post of Asst. Manager (Scale-I) at a monthly basis
salary of Rs.17,240/- plus all allowances as applicable; put on probation
for one year which period was extendable upto one year. The defendant
no.1 was confirmed in service on 10th February 2013. The defendant no.
1 as an employee of the plaintiff, was governed by the General
-- 2 of 10 --
3
Insurance (Conduct: Discipline & Appeal) Rules.
3. The plaintiff Insurance Company further states that on
confirmation, the defendant no.1 was posted as Asstt. Manager in Head
Office of the plaintiff at “Suraksha” Mumbai. After confirmation with a
few months the defendant no.1 started remaining absent without any
prior intimation or sanction. The defendant no.1 was sent reminders
calling upon the defendant no.1 to resume duties. The defendant no.1
was holding an important post in the Head Office of the plaintiff and
the unauthorized absence of defendant no.1 from 16th September, 2013
was affecting the plaintiff’s efficiency and was creating administrative
problems for the plaintiff. Hence, by its letter dated 7/2/2014, the
defendant no. 1 was asked to report for duty immediately, told about his
misconduct as per the service rules, warned that disciplinary action may
taken against defendant no.1 which may culminate in termination of
service of the defendant no.1.
4. The plaintiff Company further submits that the defendant no.1
had executed a service bond styled as “ Guarantee Bond”. The
defendant nos. 2 and 3 were parties to the said bond as Guarantors.
The defendants agreed that the defendant no.1 shall diligently serve the
plaintiff for a period of four years from the date of joining, if the
defendant no.1 resigned before expiry of bond period, the defendant
no.1 shall be liable to pay liquidated damages equivalent to one year’s
gross salary during probation, if the plaintiff terminated the service of
the defendant no.1 for misconduct, fraud or dishonestly or for breeze
of rules and regulations, the defendant would be liable to pay liquidated
damages equivalent to one year’s gross salary paid during in a year of
probation.
-- 3 of 10 --
4
5. The plaintiff company further submits that in view of dismissal
order the bond money became payable. The plaintiff wrote to the
defendant nos.2 and 3 by its letter dated 15/09/2016, calling on them
to pay the bond money of Rs. 2,23,858/- . Th said letter was served on
defendant nos. 2 and 3 as per reports of the Postal Department. There
was neither any response from the defendant nos.2 and 3 nor
compliance. The plaintiff wrote to the defendant no.1 vide its letter
dated 15/12/2017, calling on him to pay up total amount of
Rs.4,26,048.43p.s. The said notice served on the defendant no.1. The
defendant no.1 was neither any reply nor compliance/payment. Hence,
this suit for recovery of total amount of Rs.5,11,427.48p.s. alongwith
further interest @ 12% p.a. from filing of the suit till its realization.
6. Suit summons is duly served on the defendants. Despite of service
of summons, the defendants failed to appear before the Court.
Therefore, on 03/10/2019, exparte order passed against the
defendants.
7. Heard Ld.advocate Ms.Vaishali Ugale for the plaintiff Insurance
Company. In view of the pleadings of the plaintiffs, following points
arose for my determination. I have recorded, my findings against each
of points alongwith my reasons are as follows.
Sr.
No.
Points Findings
1 Does the plaintiff Company prove that
amount of Rs.Rs.5,11,427.48p.s. is due
against the defendants ?
-yes-
2 Is plaintiff entitled to recover amount of Yes. Plaintiff is
-- 4 of 10 --
5
Rs.5,11,427.48p.s. with further interest @
12%p.a. from filing of the suit ?
entitled to recover
amount of
Rs.5,11,427.48p.s.
with further
interest @ 6% p.a.
3 Whether the defendants are jointly and
severally liable to pay decreetal amount to
the plaintiff Company?
-yes-
4 What order and decree ? As per final order
REASONS
8. In order to prove case of the plaintiff Company, the plaintiff
Company has examined P.W.1-S.Ramakrishnan , Asst. General Manager
of the plaintiff Company by way of evidence affidavit at Exhibit-6. The
plaintiff company has produced documentary evidence under list of
documents at Exhibit-7. The oral as well as documentary evidence of
the plaintiff company has gone unchallenged.
As to point nos. 1 to 3-
9. On scrutiny of the testimony of the P.W.1-S.Ramkrishnan, Asst.
General Manager of the plaintiff company at Exhibit- 6, it appears that
the evidence affidavit of the P.W.1 is nothing but it is reproduction of the
contents of the plaint. In the evidence of P.W.1, The plaintiff is a
Government Company carrying on business of reinsurance. The
defendant no.1 is an Ex-employee of the plaintiff Company. The
defendant nos. 2 and 3 are the Guarantors under a written bond
executed by the defendants. The defendant no.1 was appointed on
probation as an Asst Manager (Scale-I)vide appointment letter dated
6/02/2012. The defendant no.1 was given residential induction
-- 5 of 10 --
6
programme Training by experts for two weeks at National Insurance
Academy, Pune. On completion of training offered appointment to the
post of Asst. Manager (Scale-I) at a monthly basis salary of Rs.17,240/-
plus all allowances as applicable; put on probation for one year which
period was extendable upto one year. The defendant no.1 was
confirmed in service on 10th February 2013. The defendant no. 1 as an
employee of the plaintiff, was governed by the General Insurance
(Conduct: Discipline & Appeal) Rules.
10. The P.W.1 has further deposed that on confirmation, the
defendant no.1 was posted as Asstt. Manager in Head Office of the
plaintiff at “Suraksha” Mumbai. After confirmation with a few months
the defendant no.1 started remaining absent without any prior
intimation or sanction. The defendant no.1 was sent reminders calling
upon the defendant no.1 to resume duties. The defendant no.1 was
holding an important post in the Head Office of the plaintiff and the
unauthorized absence of defendant no.1 from 16th September, 2013 was
affecting the plaintiff’s efficiency and was creating administrative
problems for the plaintiff. Hence, by its letter dated 7/2/2014, the
defendant no. 1 was asked to report for duty immediately, told about his
misconduct as per the service rules, warned that disciplinary action may
taken against defendant no.1 which may culminate in termination of
service of the defendant no.1.
11. The P.W.1 has further deposed that the defendant no.1 had
executed a service bond styled as “ Guarantee Bond”. The defendant
nos. 2 and 3 were parties to the said bond as Guarantors. The
defendants agreed that the defendant no.1 shall diligently serve the
plaintiff for a period of four years from the date of joining, if the
-- 6 of 10 --
7
defendant no.1 resigned before expiry of bond period, the defendant
no.1 shall be liable to pay liquidated damages equivalent to one year’s
gross salary during probation, if the plaintiff terminated the service of
the defendant no.1 for misconduct, fraud or dishonestly or for breeze
of rules and regulations, the defendant would be liable to pay liquidated
damages equivalent to one year’s gross salary paid during in a year of
probation.
12. The P.W.1 has further deposed that in view of dismissal order the
bond money became payable. The plaintiff wrote to the defendant
nos.2 and 3 by its letter dated 15/09/2016, calling on them to pay the
bond money of Rs. 2,23,858/- . Th said letter was served on defendant
nos. 2 and 3 as per reports of the Postal Department. There was neither
any response from the defendant nos.2 and 3 nor compliance. The
plaintiff wrote to the defendant no.1 vide its letter dated 15/12/2017,
calling on him to pay up total amount of Rs.4,26,048.43p.s. The said
notice served on the defendant no.1. The defendant no.1 was neither
any reply nor compliance/payment.
13. Inspite of oral evidence of the plaintiff Company, the plaintiff
company has produced documentary evidence under list of documents
at Exhibit-07. They are as Office Order dated 8th November, 2019 at
Exhibit-8, Office copy of the appointment letter dated 06/02/2012 at
Exhibit-9, Copy of the General Insurance Rules dated 10th February,
2013 at Exhibit-10, Letter dated 18th November 2013 addressed to the
defendant no.1 at Exhibit-11, Letter dated 7th February, 2014 addressed
to the defendant no.1 at Exhibit-12, Notice dated 13th August, 2014
addressed to the defendant no.1 at Exhibit-13, Office Note dated 15th
October, 2015 at Exhibit-14, Order dated 09/12/2015 passed by
-- 7 of 10 --
8
Disciplinary Authority at Exhibit-15, Times of India newspaper showing
publication on 6/06/2016 at Exhibit-16, Order dated 18th July, 2016
passed by Disciplinary Authority at Exhibit-17, Times of India
newspaper showing publication on 22/07/2016 at Exhibit-18,
Gaurantee bond dated 27/1/2012 at Exhibit-19, Letter dated
15/09/2016 addressed to Mr.Nityanand Dwivedi at Exhibit-20, Letter
dated 15/09/2016 addressed to Mr.Shriraj Mishra at Exhibit-21, Postal
Receipt at Exhibit-22.
14. It is pertinent to note that oral as well as documentary evidence
of the plaintiff Company has gone unchallenged. Therefore, I am of the
opinion that the plaintiff Company has proved its case. Therefore, I
have answered on point nos. 1 to 3 are in affirmative. Hence, I proceed
to pass following order.
ORDER
1. The suit of the plaintiff company is hereby decreed with costs.
2. The defendants shall jointly and severally pay total amount of
Rs.5,11,427.48p.s. to the plaintiff Company with further interest
@ 6% p.a. from date of filing of the the suit till its realization.
3. Decree be drawn up accordingly.
Date : 27/02/2020.
(R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on :27/02/2020
Directly dictated on
Computer :27/02/2020
Signed by HHJ: 29/02/2020
-- 8 of 10 --
9
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
29/02/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
27/02/2020
Judgment/order signed by P.O on 29/02/2020
Judgment/order uploaded on 29/02/2020
-- 9 of 10 --
10
-- 10 of 10 --