VALMIKI J. MEHTA, J.

CM No. 35801/2018 (delay in re-filing)

For the reasons stated in the application, delay in re-filing is condoned.

CM stands disposed of.

CM No.35802/2018 (Exemption)

Exemption allowed subject to just exceptions.

CM stands disposed of.

RFA No.735/2018

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 27.2.2018 by which the Trial Court has dismissed the suit filed by the appellant/plaintiff. By the suit the appellant/plaintiff sought the relief of mandatory injunction for grant of 1950 Shares of the respondent/defendant company to the appellant/plaintiff under the Employees Stock Option Plan (ESOP) or in the alternative the appellant/plaintiff claimed the relief of money decree being the value/price of shares as damages totaling to a sum of Rs.56,55,000/-.

2. The facts of the case are that the appellant/plaintiff was an employee of the respondent/defendant company M/s HCL Technologies Ltd. The earlier name of the respondent/defendant company was HCL Consulting Ltd., and this was during the period when the appellant/plaintiff was the employ