* IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 208/2024, I.A. 39720/2024, I.A. 39722/2024, I.A.

48920/2024 & I.A. 6123/2025 MR. GAURAV RAJGARIA S/O SH. PAWAN KUMAR RAJGARIA, R/O HOUSE NO. 7, H3, GROUND FLOOR, VATIKA INDIA NEXT, SECTOR 82, GURUGRAM, HARYANA- 122004 ....PLAINTIFF (Through: Ms. Madhura M. N., Mr. Abhishek Tongar and Ms. Vanshika Mittal, Advs.)

Versus MARUTI SUZUKI INDIA LIMITED THROUGH ITS MANAGING DIRECTOR& CEO, HAVING ITS REGD. OFFICE AT:

1, NELSON MANDELA ROAD, VASANT KUNJ, NEW DELHI - 110070 ....DEFENDANT NO.1 MR. RAJESH UPPAL MEB (HR, SAFETY, IT& DE)

MARUTI SUZUKI INDIA LIMITED, PAIAM GURGAON ROAD, UDYOG VIHAR GURUGRAM, HARYANA - 122015 MOBILE NO. 9873187725 ....DEFENDANT NO.2 MR. AJAY SETH CFO, MARUTI SUZUKI INDIA LIMITED, Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed PALAM GURGAON ROAD, UDYOG VIHAR GURUGRAM, HARYANA - 122015 MOBILE NO. 9811668454 ....DEFENDANT NO.3 MS. MANJAREE CHOWDHARY SR. EO (LEGAL), MARUTI SUZUKI INDIA LIMITED, 1, NELSON MANDELA ROAD, VASANT KUNJ, NEW DELHI - 110070 MOBILE NO. 9632015489 ....DEFENDANT NO.4 MR. SALIL LAL BIHARI EXECUTIVE VICE PRESIDENT (HR)/SR DVM (PIR), MARUTI SUZUKI INDIA LIMITED, PALAM GURGAON ROAD, UDYOG VIHAR GURUGRAM, HARYANA - 122015 MOBILE NO. 9711809503 ....DEFENDANT NO.5 (Through: Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Siddharth Nath, Mr. Asjad Hussain, Mr. Gaurav Sindhwani and Mr. Anunay Chawdhary, Advs.

for D-1.

Mr. Suden Singh Juneja, Adv. for D-2 to 5.)

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JUDGMENT

I.A. 38359/2024 (Under Order VII Rule 11 of CPC, filed on behalf of defendant no.1/applicant No.1 for rejection of plaint) in CS(OS) 208/2024

1. The present application has been filed by defendant no.1/applicant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed referred to as “CPC”), seeking rejection of the plaint on the grounds that the plaint does not disclose a cause of action and that the suit is barred by law. The application relies on the „contractual nature‟ of the relationship between the parties and the express „termination clause‟ contained in the appointment letter dated 06.02.2006, which is stated to have governed the plaintiff/non- applicant‟s employment with the defendant no.1/applicant company, i.e.,Maruti Suzuki India Limited.

Factual Background

2. The facts of the present case would evince that the plaintiff/non- applicant, who was employed in a „managerial capacity‟ with defendant no.1/applicant, has instituted the present civil suit alleging that his termination from service, effected through the termination letter dated 13.02.2023, was unlawful. Consequently, he seeks a declaration to that effect, along with a prayer for reinstatement to service and compensation amounting to a sum of Rs.2,00,00,000/- on account of loss of income, harassment, and undue hardship purportedly resulting from the said termination.

3. It remains undisputed that the employment of the plaintiff/non- applicant was governed by the terms of the appointment letter dated 06.02.2006,which unequivocally permits either party to terminate the contract upon giving three months‟ prior notice or by payment in lieu thereof. Notably, the plaintiff/non-applicant himself places reliance on the said document and does not dispute having received his contractual dues pursuant to the said termination. In view of this admitted „contractual Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed framework‟, defendant no.1/applicant contends that no triable cause of action arises from the plaint and that the reliefs sought therein are ex facie barred by law.

4. It is in this backdrop that the defendant no.1/applicant has mo