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1990 Supreme(Bom) 368

SUJATA V.MANOHAR, T.D.SUGLA
Bhavesh J. Bhatt – Appellant
Versus
Cyrus N. Baxter and another – Respondent


JUDGMENT - Mrs. SUJATA MANOHAR, J.:---The appellant, who is the original plaintiff, is the Principal and proprietor of coaching classes known as Sukh Sagar Classes giving tuitions to students studying in different branches of commerce, economics, costing, accountancy, maths etc. The Sukh Sagar Classes have their centres at Chowpatty, Andheri, Ghatkopar and Goregaon. The 1st respondent who is the original defendant No. 1 Cyrus N. Baxter joined the plaintiff's coaching classes in 1978. He teaches the subject of accounts Upto March 1987 there was no written agreement between the plaintiff and the 1st defendant in respect of the terms and conditions of service of the 1st defendant, who was employed by the plaintiff. In 1987, however, a written agreement was arrived at between the plaintiff and the 1st defendant. This agreement is dated 12th March, 1987. Under this agreement of 12th March, 1987 the plaintiff agree to hire the services of the 1st defendant and the 1st defendant agreed to serve the plaintiff for a period of 6 years from the date of commencement of the agreement. The agreement was to commence from 1st June, 1987 Under clause (3) of the agreement the plaintiff agreed to p






















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