STAR CHEMICALS Vs. BHISHAM KUMAR SURI

JUDGEMENT

(1.) This appeal is filed by the appellant-defendant Company against the judgment and decree passed by the Civil Judge (Senior Division), Thane dated 22nd June, 1975, in Special Civil Suit No. 14 of 1974, as well as the order passed by the said Court dated 6th August, 1979, dismissing the application filed by the defendant Company for setting aside the ex parte decree.

(2.) The respondent plaintiff Suri filed a suit for recovery of certain amount towards pay for notice period and for other emoluments. It is an admitted position that the plaintiff was appointed by the defendant Company vide the order dated 25th November, 1969, as a Resident Manager at a Phosphorous Plant of the company situated at Thane on the following conditions :

(3.) It then appears that the application for setting aside the ex parte decree was filed by the defendant, which also came to be dismissed. As already observed, it is against these orders that the present appeal is filed. Initially though the appeal was filed even against the main decree also, proper Court-fee was not paid. This Court, therefore, directed the defendant to file proper appeal, pay necessary Court-fee and also file an application for condonation of delay. After hearing both sides by the order dated 23rd November, 1981, Civil Application No. 3735 of 1981, was allowed and the delay was condoned and then the appeal was registered as a regular First Appeal.