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TMI Blog2014 (4) TMI 1312X X X X Extracts X X X X X X X X Extracts X X X X ..... of recovery whereof, even if a decree were to be passed in favour of the plaintiff, are remote and to compel the plaintiff to spend more monies in invoking the arbitration clause when there is really nothing for arbitration. Without thus intending this to be precedent, in the facts and circumstances of the present case, the argument of the defendant also rejected. The application for leave to defend does not disclose any ground in so far as the claim for recovery of arrears of salary is concerned. The application is accordingly dismissed. - Hon ble Mr. Justice Rajiv Sahai Endlaw For the Plaintiff : Mr. Achal Gupta, Adv. For the Defendant : Mr. Sumit Pushkar, Mr. Abhijeet Swaroop Mr. Ankur Khandelwal, Advs. ORDER RAJIV SAHAI ENDLAW, J IA N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a total of Rs. 25,68,676/-. 2. The suit was entertained under Order 37 and summons for appearance, and upon the defendant entering appearance summons for judgment, were issued to the defendant and in response whereto the defendant has sought leave to defend contending:- (a) that the suit is not maintainable under Order 37 of the CPC; (b) that the plaintiff has not even placed on record the original Appointment Letter containing the contract between the parties (I may record that the original letter was filed along with the plaint and the plea appears to have been taken because of the leave to defend application being on the same lines as filed in CS(OS) No. 1603/2013 also listed today and in which original was not filed); (c) that as per Cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e counsels have been heard. 5. What strikes one immediately is that the defendant, in the application for leave to defend, has not disputed the rate of salary or the period for which the salary is due. As far as the ground, of the defendant having counterclaim against the plaintiff is concerned, even if it be so, it is the settled position in law (See Deutsche Raitco GMBH Vs. Mohan Murti 52 (1993) DLT 288, Punjab Sind Bank Vs. S.K. Tulshan MANU/DE/0072/1990 Ajanta Offset Packagings Ltd. Vs. Kintetsu World Express MANU/DE/6551/2011) that the plea of the defendant having a counterclaim against the plaintiff is not a ground for grant of leave to defend. 6. Though the counsel for the plaintiff has from the e-mails exchanged attempted to show th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no Chief Operating Officer but subsequently states that there is. 10. As far as the aspect of territorial jurisdiction is concerned, though the Appointment Letter of the plaintiff does provides for exclusive jurisdiction of the Courts of Mumbai but as per the law laid down in Inter Globe Aviation Ltd. Vs. N. Satchidanand (2011) 7 SCC 463, the question of the parties restricting the jurisdiction to one of the several Courts having jurisdiction arises only when several Courts have jurisdiction. It is the averment of the plaintiff in the plaint that the plaintiff was appointed at Delhi, was based at Delhi and was being paid his salary at Delhi. The defendant, in the application for leave to defend, has not controverted any of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... king the arbitration clause when there is really nothing for arbitration. Without thus intending this to be precedent, in the facts and circumstances of the present case, I reject said argument also of the defendant. I may also notice that today CS(OS) No. 1603/2013 CS(OS) No. 1152/2013 also filed by two other pilots of defendant, for similar claims are also listed and in the appointment letter subject matter of CS(OS) No. 1152/2013, there is no arbitration clause or the clause for the exclusive jurisdiction of the Courts at Mumbai. 14. The counsel for the defendant has lastly contended that the affidavit of the plaintiff accompanying the plaint is attested by a notary public of Singapore with which country India has no reciprocity. He cont ..... X X X X Extracts X X X X X X X X Extracts X X X X
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