1. Wings Biotech J­13, Udyog Nagar Industrial Area, Near Peera Garhi Metro Station, Delhi­110041 2. Anil Arora, Partner 3. Mr. R.P. Arora, Partner 4. Mr. R.K. Arora, Partner 5. Mr. K.K. Arora,Managing Partner All at: Wings Biotech J­13, Udyog Nagar Industrial Area, Near Peera Garhi Metro Station, Delhi­110041 ..... Defendants Date of Institution : 05.06.2015 Date of reserving judgment : 13.02.2017 Date of pronouncement : 14.02.2017 JUDGMENT:­ 1. The present suit has been filed by the plaintiff for recovery of Rs.6,98,166.70 with interest @ 18% per annum against the defendants. CS No.352/16 1/17 PLAINTIFF'S CASE:­ 2. The brief facts of the case are that plaintiff was working with defendant no.1 as National Sales Manager. The defendant no.1 was dealing with Pharmaceuticals, Cosmetics and Ayurvedic products and were manufacturers and exporters and doing their business under the name and style of M/s Wings Biotech. The defendant no.5 was the Managing partner and defendant no.2 to 4 were partners of the defendant no.1. 2.1 The defendants appointed the plaintiff as National Sales Manager vide appointment letter dated 04.04.2011 duly signed by the plaintiff and defendant no.2, wherein the basic salary was Rs.75,000/­ per month excluding other service benefits which pertinently included the valued Annual Performance Incentive and Retention Incentive and was payable to the plaintiff after the completion of one year of service. 2.2 The plaintiff was working very hard to fulfill all the designated targets and other job related contingencies related to his job profile effectively and efficiently, which was reflected in the performance appraisal form filled by the plaintiff showing his key achievements / target job responsibilities in the year 2011­2012, which was intentionally not accepted by the defendants. 2.3 Due to oblique motives, the defendant no.2 was not accepting the performance appraisal form for the year 2011­2012 and was not providing benefits related to the job. The plaintiff resigned vide resignation letter CS No.352/16 2/17 dated 08.06.2012 submitted to Hanuman Resource Department of the defendants, which was duly received and accepted by the concerned department of defendant no.1. However, the defendants did not settle the full and final due amount payable to the plaintiff. 2.4 The plaintiff sent reminders and e.mails on 03.10.2012, 24.12.2012 and 01.03.2013, calling upon them to follow up his payment from the HRD Department of defendant no.1, but the defendants paid no heed to reply to the calls and reminders of the plaintiff. 2.5 It is alleged that on 30.05.2015, a sum of Rs.6,98,166.70 is due against the defendants, which they failed to pay to the plaintiff. Therefore, the plaintiff served a legal notice dated 15.05.2015, but despite service, the defendants failed to pay the due amount to the plaintiff within 15 days of receipt of the legal notice. 2.6 The plaintiff has, therefore, prayed for a decree for a sum of Rs.6,98,166.70 together with pendente­lite and future interest @ 18% per annum. DEFENDANTS CASE 3. The defendants have controverted the averments made in the plaint and raised preliminary objections that the plaintiff is not liable to any annual performance incentive and retention bonus from the defendants; that the plaintiff has no cause of action to file the present suit and same is liable CS No.352/16 3/17 to be dismissed under Order VII Rule 11 CPC; that the plaintiff has not come to the court with clean hands and has suppressed the true and material facts from the court; that the plaintiff has not affixed the proper court fee on the plaint and same has not been properly signed and verified as per High Court Rules and hence the same is liable to be dismissed. 3.1 On merits, all the averments made in the plaint have been denied. However, it is submitted that as per the appointment letter, the performance of the plaint