M/S SHIRDI INDUSTRIES LTD & ORS. vs MANOJ VIJ

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.08.2025 + RFA(COMM) 44/2022 & CM APPL. 28204/2022 M/S SHIRDI INDUSTRIES LTD & ORS. .....APPELLANTS Through: Mr. Amit Kumar Srivastava, Adv. versus MANOJ VIJ .....RESPONDENT Through: Ms. Pallovi Vashisht, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR V. KAMESWAR RAO, J. (ORAL) 1. This appeal is filed under Section 13 of the Commercial Courts Act, 2015 challenging the impugned judgment and decree dated 15.12.2021 passed in C.S.(COMM) No. 61/2019 by the learned District Judge, Commercial Court-01, West District, Tis Hazari Courts (Trial Court), whereby, he has decreed the suit filed by the respondent herein for an amount of ₹4,48,749/- together with interest @ 10% per annum from the date of filing of the suit. 2. The facts to be noted for the record are as follows: the respondent was appointed as a General Manager-Laminates vide appointment letter dated 23.10.2017 with the appellant company and his monthly salary was ₹1,45,583/- w.e.f., June, 2018. Due to personal difficulties i.e., illness of his Signature Not Verified Signed By:AWANISH RFA(COMM) 44/2022 Page 1 of 4 CHANDRA MISHRA Signing Date:13.08.2025 17:31:07 father, he had gone to Kolkata and was on leave. The appellant illegally terminated his services on 12.09.2018 without giving any prior notice or intimation. He has claimed salary for the month of July, 2018 upto September, 2018 together with compensation for three months’ salary in lieu of waiving off the notice period of termination. 3. The case of the appellant/defendant was that the respondent/plaintiff had not turned up for duty and remained absent and therefore, his services were terminated. The appellant had relied upon the appointment letter to contend