VALMIKI J. MEHTA, J.

C.M. Nos.24161/2017 & 24162/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M.s stand disposed of.

RFA No.613/2017 and C.M. No.24160/2017 (stay)

2. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant no.1 impugning the judgment of the court below dated 24.4.2017 by which the trial court has dismissed the leave to defend application filed under

Order XXXVII Rule 3 CPC and has decreed the suit for recovery for a sum of Rs.13,61,881/- along with contractual interest at 18% per annum. The suit which was filed was for recovery of Rs.34,76,881/-, but while decreeing the suit the appellant/defendant no.1 has been given adjustment towards unpaid salary, provident fund dues and other dues payable by the respondent no.1/plaintiff, and therefore the decree is only passed for a sum of Rs.13,61,881/-.

3.(i) The facts of the case are that the appellant/defendant no.1 was appointed as a Trainee Pilot with the respondent no.1/plaintiff vide letter dated 1.11.2007. Trainee Pilots were