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2014 Supreme(Del) 998

SANJEEV SACHDEVA
Ram Babu Gupta – Appellant
Versus
Aditya Birla Group – Respondent


Advocates Appeared:
For the Plaintiff :Rajesh Rai, Advocate with in person.
For the Defendants :Navin Chawla, Advocate.

Judgment :

Sanjeev Sachdeva, J.

1. The Plaintiff has filed the present suit for recovery of Rs. 50,00,000/- as damages for illegal termination of employment, arrears of salary, etc. The suit had originally been filed only against M/s. Aditya Birla Group.

2. The contention of the Plaintiff is that the interview for the appointment of the Plaintiff was conducted by Mr. Arun Guar and the Plaintiff was appointed by the Defendant with a subsidiary company of the Defendant M/s. Liaoning Birla Carbon Co. Ltd. at China. As per the Plaintiff, the Plaintiff was wrongfully terminated and accordingly suffered a loss. The Plaintiff thus filed the present suit.

3. The Defendant has not filed any written statement. The counsel appearing for the Defendant has taken an objection that the Defendant Aditya Birla Group is not a legal entity and as such, cannot be sued in such name and form. As per the Defendant, Aditya Birla Group contains about 50 companies and the relevant company M/s. Liaoning Birla Carbon Co. Ltd. had not been arrayed as a party.

4. By the order of 22.11.2013, M/s. Liaoning Birla Carbon Co. Ltd. was impleaded as the Defendant No. 2 and the matter was set down for hearing on the ques






















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