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Mr.Kishore Arcot vs M/S Gemac Energy Limited

Madras High Court|16 June, 2017

JUDGMENT / ORDER

Heard learned counsel for the plaintiff.
2. As seen from the notes paper, it is found that the counsel for the defendants reported no instructions and accordingly after issuance of due notice to them, the defendants have been set ex-parte in the suit.
3. The suit is filed by the plaintiff for recovery of amount to which he is entitled and not paid by the defendants for the services rendered by him as CEO of the defendant company. Ex.P1 is the letter of Invitation sent by the first defendant to the plaintiff. According to the plaintiff, based upon offer made by the defendants, he joined the defendant company and rendered service and thereafter, he resigned from the defendant company as requested. It is the case of the plaintiff that he was offered remuneration as described in the plaint and also in the invitation letter and further, it is the case of the plaintiff that he was also assured payment of an additional sum of Rs.3,00,000/- as agreed to earlier by the defendants.
4. Though the suit was contested by the defendants at the initial stage, subsequently they remained ex-parte.
5. In support of the plaintiff's case, PW-1 has been examined and Exs.P1 to P29 have been marked.
6. The evidence of plaintiff examined as PW-1, in support of his claim has not been seriously controverted. As seen from the evidence of the plaintiff in toto and also the initial cross-examination of plaintiff with reference to the defence set out by the defendants, it is found that the plaintiff has established his claim for the recovery of the suit amount i.e. amount to which he is entitled to for the services rendered by him to the defendant Company and accordingly, it is found that the plaintiff has established his claim and also reliefs sought for in the plaint.
7. Though the defendants filed written statement, as noted earlier, and contested the suit subsequently in support of the defence taken by the defendants, no evidence was adduced on their behalf. It is therefore found that there is no contra evidence, as such, to dispute the claim of the plaintiff.
8. In the light of the above reasons, I find that the plaintiff has justified and established his claim by way of the oral evidence and the documents marked as P1 to P29. Resultantly, the Civil Suit is decreed as prayed for with costs.
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Title

Mr.Kishore Arcot vs M/S Gemac Energy Limited

Court

Madras High Court

JudgmentDate
16 June, 2017