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2022 Supreme(Del) 108

PRATHIBA M.SINGH
Jammu and Kashmir Bank Ltd. – Appellant
Versus
Avtar Krishan Bhat – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Pallav Saxena, Mr. Syed Arsalan, Mr. Prateek Khaitan, Mr. Chatanya Sharma, Mr. Shitij Chakravarty, Mr. Sikander Hyatt Khan.
For the Respondents: Mr. Anil Kumar Chandel, Ms. Preeti Gupta.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through video conferencing.

2. The present revision petition challenges the impugned order dated 9th August 2018 in C.S. No. 142/2018 titled Avtar Krishan Bhat vs. Jammu and Kashmir Bank Ltd. passed by the ld. ADJ-02 (North-West) Rohini Courts, Delhi (hereinafter “Trial Court”). Vide the said order, the application moved by the Petitioner/Defendant (hereinafter “Defendant Bank”) under Order VII Rule 11 CPC has been dismissed by the Trial Court. Thereafter, the suit has proceeded, issues have been framed in the matter and the Trial Court has proceeded with the recording of evidence.

3. The background of the case is that the Respondent/Plaintiff-Mr. Avtar Krishan Bhat (hereinafter “Plaintiff”) was employed as a Probationary Officer with the Defendant Bank in the year 1989 and he was thereafter, promoted from time to time. Finally, he was posted as Branch Manager in Ghaziabad branch in June 2013. It is the case of the Plaintiff that he was fulfilling his duties honestly and diligently. However, vide the suspension order bearing no. CHQ/DD/2014-224 dated 17th November 2014 the Plaintiff was placed under suspension. Later, he wa

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