sanjay 1 s-1132.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO. 1132 OF 2010 Reifenhauser (India) Marketing Ltd. ... Plaintiff. V/s. Mr.Satyavan Dattatray Hange. ... Defendants. Y.K.Sharma with Kiran Mohite i/b. Bhaskar & Co. for the Plaintiff. None for the Defendants. CORAM : D.Y.Chandrachud, J. DATED : 11 March 2011. P.C. : The suit has been instituted under order 37 of Code of Civil Procedure, 1908. 2. The Defendant was employed by the Plaintiff as Sales Engineer Trainee on 5 June 2006. Subsequently, an agreement was entered into between the parties on 8 September 2008 by which the Defendant was deputed for training to Germany. Under the agreement, that was entered into between the parties, it was provided as follows: sanjay 2 s-1132.10 “a) The Company shall be at liberty to call back the Trainee Manager at any time, without notice, during his tenure abroad, if in the opinion of the Company, the continuance of the Trainee Manager is not in the interest of the Company, of which the Company shall be the sole judge. b) That the Trainee Manager shall be liable to pay to the company on its demand, a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) by way of liquidated damages, if the Trainee Manager, 1. At any time before the completion of the training period at abroad, voluntarily resigns or 2. After the completion of the training period the Trainee Manager does not serve the Company for 18 MONTHS, if so required by the company. 3. The Defendant resigned from service on 6 August 2009 within a period of one year without completion of a period of 18 months service. Accordingly, the Plaintiff has filed a suit for recovery of Rs.1,50,000/- as stated in the agreement dated 8 September 2009. 4. The Defendant has been served with a writ of summons, but has failed to enter appearance. Hence, in terms of the provisions of order 37 rule 6(a) of C.P.C. the Plaintiff would be entitled to judgment. The claim of the Plaintiff is based on the written agreement. The Defendant has failed to comply with the terms of the agreement and has become liable to pay Rs.1,50,000/- to sanjay 3 s-1132.10 the Plaintiff as stipulated in the agreement. The Plaintiff has relied upon a compilation of original documents which is tendered and taken on record. 5. The suit is accordingly decreed in terms of prayer clause (a) with the modification that the Plaintiff would be entitled to interest at the rate of 6% per annum from the date of the suit until payment or realization. There shall be refund of court fees, if any, as per rules. (D.Y.Chandrachud, J.)