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2021 Supreme(Del) 1013

C. HARI SHANKAR
Abp Network Private Limited – Appellant
Versus
Malika Malhotra – Respondent


Advocates appeared:
Mr. Sandeep Sethi, Sr. Advocate, with Mr. Arijit Mazumdar, Ms. Arunabha Deb, Mr. Shambo Nandy and Mr. Atif Shamim, Advocate, for the Appellant; Mr. Hrishikesh Baruah, Mr. Pranav Jain & Ms. Radhika Gupta, Advocate, for the Respondent.

JUDGMENT

1. The respondent was appointed as an Anchor with the petitioner, vide letter of appointment dated 28th April, 2021, at the salary of Rs. 7,26,000/- per annum. The following clauses of the letter of appointment, are relevant for adjudication of the issue in controversy:

    "3.3 You agree not to engage in any conduct detrimental to the interests of the Company or contrary to the information received by the management of the Company in any manner whatsoever.

    *****

      5. Term:

      5.1 You agree that your services with the Company shall be for a fixed term of Thirty Six (36) months commencing from the Date of Commencement, which may be further renewed, on the basis of factors including but not limited to your performance and requirements of the company ("Term").

      *****

      7. Termination of Employment:

      7.1 During the period of your employment, your services are liable to be terminated by either party at any time, with ninety days (90) prior written notice or payment of ninety days basic salary for the notice period short for, in lieu thereof.

      7.2 It is agreed by you that serving notice period shall be essential and mandatory, unless otherwise agreed by the Company management, in view of the nature of

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