(PER : HONOURABLE MR.JUSTICE R. T. VACHHANI)

ADMIT. Learned AGP Ms.Dhruve for respondent No.1 and learned advocate Mr.Soneji for respondent No.2 waives service of notice of admission.

2. LPA No.868 of 2025 is directed against the dismissal of the SCA No.3842 of 2025 filed by the appellant-company and LPA No.869 of 2025 is directed against the order passed in SCA No.2778 of 2025 filed by the respondent No.2-employee. Both the petitions are decided by common oral judgment dated 17/06/2025.

3. Brief; undisputed facts as surfaced from the record of the case are that respondent no.2 joined the appellant – company in the year 2005 on the post of Officer-Projects. While discharging his duty, in the year 2017, he requested for an advance of Rs.25,00,000/- for the purchase of house, which was acceded to by executing an agreement between the parties. Though the loan amount of Rs.12,20,020/- plus interest amount of Rs.3,35,506/- was remained outstanding, the respondent no.2 tendered the resignation, which was accepted on 31/07/2021; subject to the conditions as mentioned in the appointment order. Since the loan amount remained outstanding, the appellant – company filed Civil Suit o.561 of 2024 f