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2006 Supreme(Del) 2319

GITA MITTAL
B. Rath – Appellant
Versus
David Ball – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: C. Kumar, Adv.
For Respondents/Defendant: Parag P. Tripathi, Sr. Adv., Neelima Tripathi, Taru Gupta and Deepesh Aneja, Advs. for defendant Nos. 1, 2, 3 and 3a and Siddharth Yadav, Adv. for defendant No. 4

JUDGMENT

Gita Mittal, J.

1. By this order, I propose to dispose of three applications filed by defendants under Order 1 Rule 10 read with Order 7 Rule 11 of the Code of Civil Procedure, 1908. I.A. No. 66/2006 has been filed on behalf of defendant No. 1; I.A. No. 67/2006 has been filed on behalf of defendant Nos. 3 and 3 (a); and I.A. No. 2455/2006 has been filed by the defendant No. 4. In as much as the applications raise similar questions of law and fact as to whether the plaint discloses any cause of action against these defendants, which is to be decided on perusal of the plaint, these applications are being taken up together.

2. For the purposes of this application, it is necessary to examine the case laid down by the plaintiff in the plaint. The present suit has been filed seeking damages of Rs. 1 crore. The plaintiff contends that he is a software engineer and had been the Vice President - Marketing & Services of the UEC SAIL Information Technology Ltd., defendant No. 2 in this case, from 15th March, 1997 up to the 13th November, 2003. A few months before the termination of his services, the plaintiff was promoted to the post of Sr. Vice President of the defendant No. 2. The
































































































































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