- 1 - 37.sj.84.2011 ss.529.11 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 84 OF 2011 IN SUMMARY SUIT NO. 529 OF 2011 Varun Jagdish Bhojani ..Plaintiff -Versus- Go Airlines (India) Private Limited ..Defendant .......... Ms.Kiran Doiphode i/b V.M.Doiphode & Co. for the Plaintiff. Mr.Kunal Dwarkadas i/b Crawford Bayley & Co. for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 4TH JULY 2011. P.C. 1 The plaintiff has filed this suit to recover an amount of Rs.1,75,000/- being the balance amount of his salary for 21 days of the month of June 2010. There is no dispute that the plaintiff would normally be entitled to salary of Rs.1,75,000 for the said 21 days. The plaintiff was employed as a pilot with the defendant. It is true that the contract of employment required the plaintiff to give a three months notice of resignation. However, the defendant accepted his resignation on the following terms : - 2 - 37.sj.84.2011 ss.529.11 “This is to certify that Capt.Varun Bhojani was employed with out organization as a Senior First Officer from 10th March 2006 to 21st June 2010. He has resigned from the services of the Company on his own accord and stands relieved with effect from close of business hours on 21st June 2010. We also confirm that there are no dues payable to the company from his end. We wish him all success in his future endeavors.” (emphasis supplied) 2 The only defence is that there was an oral agreement between the parties that the writing would not be acted upon. It is contended that the defendant accommodated the plaintiff by permitting him to resign before the contractual period subject to the plaintiff’s compensating the defendant in amount of about Rs.9,00,000/-. 3 It is impossible to believe this defence. The defendant is a large company. If such an agreement had been entered into, it is impossible to believe that the defendant would have stated to the contrary in the letter of release. The letter expressly states that no dues are payable by the plaintiff to the defendant. - 3 - 37.sj.84.2011 ss.529.11 4 The reliance upon the circular of the DGCA cannot possibly be of any assistance to the defendant. The defendant was entitled to accept the resignation even earlier. 5 In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed for. Refund of court fees, if any, as per rules. -