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2019 Supreme(Del) 2133

ANU MALHOTRA
GEBR PFEIFFER (India) Private Limited – Appellant
Versus
Pradeep Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Davesh Bhatia, Advocate
For the Respondent:Mr. Sanjeev Kumar, Advocate

JUDGMENT :

ANU MALHOTRA, J.

    CM No. 1602 of 2017

CM No. 1602/2017 an application filed on behalf of the petitioner seeking condonation of delay of 24 days in filing the petition.

In the interest of justice, the application is allowed and the delay of 24 days in filing the petition is condoned.

The application is disposed.

CRP 8 of 2017 and CM No. 1603 of 2017 (Stay)

1. The petitioner vide this petition under Section 115 read with Section 151 Code of Civil Procedure, 1908, as amended seeks the setting aside of the order dated 7.9.2016 of the learned ACJ/CCJ/ARC(W), Tis Hazari Courts, Delhi in CS No. 8569/2016 vide which an application under Order 7 Rule 11 CPC filed by the petitioner herein as the defendant to the said suit seeking rejection of the plaint was declined with it having been observed to the effect:

    "I have considered the contentions of both sides. Admittedly, plaintiff joined the defendant company as Manager at Level 4 on 17.11.2000 vide letter of appointment dated 17.11.2000. Subsequently, he was terminated from service by the defendant, vide termination letter dated 02.09.2013. It is the case of the plaintiff that no notice of two months as required by the agreement/letter of

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