Vinod Goel, J. - (1.) The impugned order dated 08.06.2017 passed by the court of learned Additional District Judge-04, South District, Saket, New Delhi ('ADJ') in Civil Suit No.6470/2016 titled as Vivek Sharma vs. Cargill Global Trading India Pvt. Ltd. & Anr., deciding the preliminary issue "Whether this court has no territorial jurisdiction to entertain the present suit"? in favour of respondents/defendants and returning the original plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 ('CPC') to the appellant/plaintiff along with the original documents to be presented before the courts at Gurgaon, Haryana, is the subject-matter of challenge in this appeal filed under Order XLIII Rule 1 (a) CPC.
(2.) The brief facts of the case as noticed by the learned ADJ in the impugned order are reproduced as under :- "2. The brief facts of the case are that on 24.06.2003 the plaintiff had joined Cargill Global Trading India Pvt. Ltd., as Assistant Director, Trade Finance. On 30.10.2007, the plaintiff was transferred to the employment of defendant no.1, Cargill Capital & Financial Services India Pvt. Ltd. The plaintiff was awarded a bonus award of USD 2,00,000 for the fiscal year 2008-2009 vide a letter dated 27.07.2009 issued by defendant no.2. Out of USD 2,00,000, an amount of USD 1,00,000 was paid to the plaintiff by the defendant no.1 on 31.07.2009. Another amount of USD 50,000 was paid to the plaintiff in July 2010. On 23.07.2010, the plaintiff was again awarded the bonus of USD 1,00,000. USD 50,000 was paid in July 2010 by defendant no.1. The plaintiff resigned from the employment of defendant no.1 on 29.12.2010. The plaintiff was informed vide letter dated 31.01.2011 that his resignation was accepted and he had to contact HR for his full and final settlement of accounts. The plaintiff was not paid USD 52,430, the remaining bonus awarded for the fiscal year 2008-2009 and USD 51,104, the remaining bonus award for the fiscal year 2009-2010. Hence, the present suit was filed to recover USD 1,03,534 alongwith interest."
(3.) In para 16 of his plaint, the plaintiff has pleaded that 'It is pertinent to mention that bonus award was paid to the Plaintiff as part of his salary from Defendant No.1 in Indian Rupees from the Defendant No.1's bank account in New Delhi and received in Plaintiff's bank account in New Delhi with TDS deducted and Form 16 issued accordingly.;