JUDGMENT :

G.S. SISTANI, J.

1. This is an appeal against the judgment passed by a learned Single Judge of this Court in a suit instituted by the respondent under the provisions of Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) for recovery of Rs. 3,25,56,496/- along with interest. For the sake of convenience, the appellant shall be referred to as ‘Cargill’ and the respondent/plaintiff as ‘DM’.

2. On 17.10.1996, DM joined the services of Bharat Cargill Holding Pvt. Ltd. as a Manager, Trade Finance. He completed his probation in the year 1997. Post confirmation, his services were transferred to Cargill. DM continued to serve Cargill till he resigned on 07.12.2009.

3. The suit of DM was based on a claim for bonus, which was guaranteed to him for the years 2006-2007, 2007-2008 and 2008-2009. The relevant clause on which the deferred incentive was to be provided to an employee is extracted below along with the forfeiture provisions:

“DEFERRED INCENTIVES

Deferred incentives will be deferred for a period one (1) to three (3) Fiscal Years measured from t