NAVIN CHAWLA
Banana Ip Counsels LLP – Appellant
Versus
Nisha Kurian – Respondent
JUDGMENT
Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 11.08.2020 passed by the learned Additional Senior Civil Judge, Patiala House Court in Suit, being CS No. 601 of 2018 titled Ms. Nisha Kurian v. Banana IP Counsels, rejecting the application of the petitioner filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code ).
2. The above Suit has been filed by the respondent herein inter alia pleading that she was working as a Senior Associate-IPR with the petitioner herein. She had tendered her resignation from the services on 29.12.2017, however, the petitioner herein, vide its letter dated 29.01.2018, refused to accept the resignation and instead terminated the Employment Agreement of the respondent with effect from 21.01.2018. The respondent prayed for the following relief in her Suit:
"a. Declaration to the effect that the termination dated 29.01.2018 issued by the Defendant to the Plaintiff is illegal and invalid.
b. A decree of providing adequate experience letter and relieving letter may kindly be passed in favour of the plaintiff.
c. A decree of permanent and prohibitory injunction rest
Executive Committee of Vaish Degree College, Shamli & Ors. vs. Lakshmi Narain & Ors.
Shipping Corporation of India Ltd. vs. Machado Brothers & Ors.
The central legal point established in the judgment is that a Suit seeking a declaration with consequential relief, other than damages, is maintainable, and partial rejection of the plaint under Orde....
A suit for declaratory relief regarding employment termination is maintainable even if it includes non-damages consequential relief despite the contract of personal service being un-enforceable.
Contracts for personal service cannot be specifically enforced except under limited circumstances; remedies reside in damages for wrongful termination.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
Point of Law : Reliefs of reinstatement and backwages could not be sought in a civil proceedings, applies in the context of a case where the provisions of the ID Act were applicable.
Contracts of personal service cannot be specifically enforced under the Specific Relief Act, except in limited exceptions.
Reliefs of reinstatement and backwages could not be sought in a civil proceedings, applies in the context of a case where the provisions of the ID Act were applicable.
The main legal point established in the judgment is that the cause of action for a suit and the scope of res judicata are crucial factors in determining the maintainability of a suit and the grounds ....
The core questions regarding the alleged violation of terms and conditions of the contract of service and the effect of the same are to be decided during the trial, and therefore, the plaint cannot b....
A claim for damages from wrongful termination is maintainable even if a contract of personal service cannot be enforced, affirming that such claims cannot be dismissed under procedural rules.
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