BEFORE THE HON’BLE COURT OF LD.
CJ (SD),GGM
Civil Suit No. of 2024
IN THE MATTER OF:-
Evalueserve SEZ (Gurgaon) Private Limited .... PLAINTIFF/Company
VERSUS
Mahesh Kumar Singh .... DEFENDANT
N.D.O.H:-
WRITTEN STATEMENT ON BEHALF OF DEFENDANT
MOST RESPECTFULLY SHOWETH:-
1. That in the present suit Shri Mahesh Kumar Singh Son / Daughter of D S
Sengar, resident of H.No. 63A/102A/2B, Plot No 80A, Defence Colony, Agra
Cantt, Uttar Pradesh 282001 is the Defendant.
2. That this present suit is instituted by the plaintiffs abovenamed against the
defendant abovenamed for permanent and mandatory injunction along with
consequential relief of damages against the defendant abovenamed.
3. That the defendant had been employed aforesaid compony M/s Evaluserve
SEZ(Gurgaon)Private Limited from 19 October 2020 to 24 July 2024.
4. That at this outset the defendant denies and disputes the contents of the suit
dated 23.12.2024 filed by the plaintiffs save as those admitted specifically
herein or is matter of record or what appears therefrom. The defendant
submits as hereunder :-
5. PRELIMINARY OBJECTIONS
a. That the present suit filed on behalf of plaintiff in misconceived and
without any cause of action which deserve to be dismiss with exemplary
cost.
b. That this present Civil Suit is devoid of any merit and as such is to be
dismissed with exemplary cost.
c. That the present suit under reference is defective and/or not maintainable
for non-joinder of parties and/or by not meaning proper parties for that
present suit deserve to be dismiss.
d. That the present suit under reference and prayer made there in are vague
and without any basis cannot be granted as nothing survive to adjudicate
for that present suit deserve to be dismiss.
e. That the present suit under reference is a malicious prosecution to defame
the defendant with ulterior motive for that present suit deserve to be
dismiss.
f. That the present suit under reference deliberately and ostensively filed for
the reason to harass the defendant and ruin his carrier for that present suit
deserve to be dismiss.
g. That the present suit under reference, the plaintiff herein came before the
Hon’ble court in uncleaned hand suppressed material facts for that present
suit deserve to be dismiss.
h. That the present suit under reference, that one hand plaintiff act not
playing the legitimate due of defendant and in other hand claiming and/or
demanding against the defendant without any basis in any manner what so
ever, for that present suit deserve to be dismiss.
i. That the present suit is under reference, the plaintiffs have not filed
appropriate court fees for the suit instituted by them, for that suit deserve
to be dismiss.
j. That the present suit under reference based on the pure imagination,
surmises and conjectures for that present suit deserve to be dismiss.
k. That the present suit under reference, there is no triable issue which
eminent for that present suit deserve to be dismiss.
6. PRELIMINARY SUBMISSIONS
a. That the defendant was the former employee, on 19 October 2020 joined
Evalueserve SEZ (Gurgaon) Private Limited as Senior Practice Expert and
worked in the Corporate and Professional Services 04(BR-04, ECP)
Department. Where he was hired to setup Robotics Process Automatic &
AI practice for the department and it’s clients with access to confidential
& sensitive company & client information along with having access to
Serves & RPA codes/solutions. After that moved by Company to Financial
Service Department with different legal entity Evalueserve.com Private
Limited situated at same office location as Senior Practice Expert with the
following due process of resignation and rejoining vide dated 8 September
2021. And again vide dated 07 October got assigned back to old entity
Evalueserve SEZ (Gurgaon) Private Limited in the Corporates and
Professional Services 04 (BR-04, ECP) without following their own due
process of resignation and rejoining and told to fly to Saudi Arabia on
client project from 7 October to October on business visa. Latter vide
dated 11 November 2022 Company/employer asked defendant to resign
and rejoin with Evalueserve SEZ (Gurgaon) Private Limited as Senior
Manager with Corporates and Professional Services 04 (BR-04, ECP) as
employee of the plaintiffs abovenamed.
b. That the Defendant had been consistently demonstrated exemplary
dedication, hard work and honesty throughout their entire employment
with the company. This is evidenced by the consecutive high-performance
ratings and bonuses awarded during their annual reviews in all prior years.
Approximately three to four months ago, the defendant formally lodged a
complaint in form of service feedback highlighting of managerial
misconduct, denial of growth opportunities, and an absence of recognition
despite exceptional performance. Subsequently, the defendant shared
specific details of this complaint with Corporate Business HR Associate
Director Varun Sharma, who assured anonymity and promised to address
the matter with management. In apparent retaliation for this complaint and
its escalation, your company falsely accused the defendant of misconduct
and summoned them to the office on July 24, 2024. During this meeting,
the defendant was subjected to intense pressure and emotional duress in an
effort to compel them to confess to fabricated accusations and
involuntarily resign. The company is therefore liable for all damages
incurred by the defendant.
c. That upon the defendant refusal to acknowledge the false accusations and
involuntary resignation, the company abruptly terminated his employment
on the same day, July 24, 2024, within 1-2 hours, via a termination notice.
Notably, the termination notice incorrectly states the defendant starts date
as November 11, 2022, whereas their actual employment commenced with
M/s Evaluserve in the year 2020.
d. The termination notice issued by the company, M/s Evaluserve,
constitutes an unlawful and arbitrary action that contravenes established
employment procedures and applicable law. Specifically, Section 11.2
ABC of the employment contract does not enumerate any misconduct
attributable to my client as grounds for termination.
e. The termination of the defendant’s employment is unlawful & Illegal as
you 'neglected to issue a show cause notice and disregarded the contractual
obligation to provide either a ninety-day notice period, salary in lieu
thereof, or other accrued benefits such as bonus.
f. That the defendant is a married individual with dependent wife & son
residing in rented accommodation in Ghaziabad, incurring monthly rent of
Rs. 20,000, while supporting his school-going child. The unlawful
termination of the defendant’s employment, devoid of any justifiable
cause or adherence to due process, constitutes a gross injustice.
g. That the plaintiffs are using hit and trial method and are trying to get the
order/decree of damages along with permanent and mandatory injunction
in his favour, somehow, so that they can able to justify the wrongful
termination of defendant.
7. NOW PARA-WISE REPLY
i. That the contents of para-1 of the plaint as alleged are denied. It is denied
that the defendant has not caused any damages, breach of trust, loss of
confidence and breach of contract or disclosed the confidential
information of the Plaintiff.
ii. That the contents of para-2,3,4 and 5 of the Plaint are subject matter of
court record as such needs no reply.
iii. That the contents of para-6,7 and 8 of the Plaint as alleged are denied. It is
denied that the defendant colluded and conspired with the ex-employees
of the Company to the market and sell the proprietary products by
renaming and rebranding them, thereby causing wrongful gain to
defendant and corresponding wrongful loss to the Plaintiff. It is denied
that defendant had been illegally to procure clients of his own with the
products made by the Plaintiff. It is denied that the defendant changed the
names of the products in the presentation and shared the same with certain
current as well as ex-employees. But as per averments vide dated
defendant received request over call from one of the business Associate
Director Archit Garg who was engagement manager based out of Saudi
Arabia and worked with him during his tenure there for creating a
presentation deck with DIR type solutions with company name “Seek
Alpha”. It was not surprised to defendant with this request as one of the
practises team use to do in Saudi with client that to satisfy the client
procurement process of having multiple proposal for project Evaluserve
use to submit dummy proposal decks with non-relevant solutions and
different company. So, defendant made the same and shared with Archit
Garg on his official ID from defendant official ID. And there is a
incorrect fact presented by the company that defendant conspired with ex-
employee but as per the averments there was no ex-employee.
iv. That the contents of para-9 of the Plaint as alleged are denied. It is denied
that the defendant impersonating as the team’s VP. But according to the
averments defendant’s father health condition got bad for that defendant
take him for doctor visit on dated 08 June 2024. During the period of my
father health issue as defendant had lot going on that time, Subham
(employee) approached me for resignation approval which defendant did
as Senior Manager of DIR team, in human error defendant forgotten to
update his email signature copied from his manager who was VP Digital
Head. All the communication taken place in the Official email ID. For
that communication defendant did not aware about same and never
noticed until this case filed by the Plaintiff. Human error is now presented
as fraud which is very shameful from company point of view as company
never considered the events going with defendant personal life during that
time.
v. That the contents of para-10, 11, and 12 of the Plaint as alleged are
denied. It is denied that the defendant WhatsApp chat was found in the
phone of one of the team member of DIR team Mr. Vikas Arora with the
Defendant. The conversation was about some pitch deck being prepared
for pitching to a Saudi client along with a Company called Globiz and its
employee Deepak Sharma, with a discussion on the cuts, etc for the
alleged work. But personal WhatsApp's chat with one of his teammates where
joking about certain personal discussion without getting into the context &
background of it. Background is that I was contacted by PC Abhinav Sharma (I&A
onsite) on Teams for any Software industry contact who work on Eauction portal
development & can build for his onsite MIMR client, which asked from my teammate
& shared the contact with him. It is also denied that Mr. Vikas Arora and Mr.
Sambhav Garg approached the Plaintiff seeking resignation. But the termination
committee used that the defendant’s teammate jokingly mentioned that are we going
to get some benefit from it, even though it's just a joke between us, committee took it
literally & never bother to even get it validated from the requestor PC just terminated
me & forced resigned my other teammates.
vi. That the contents of para-13, 14, and 15 of the Plaint are denied. It is
denied that the defendant was single-handedly breaching and acting
unlawfully. There was no proper investigation by the Plaintiff and the
wrongful termination occurred vide dated 24 July 2024. It is denied that
there was a violation of Non-Disclosure Agreement (“NDA”) by the
defendant.
vii. That the contents of para-16 of the plaint are admitted to the extent that
the defendant served legal notice for his illegal termination.
viii. That the contents of para-17 of the plaint as alleged are denied. It is
denied that the defendant did not harm, there was no intention to harm the
reputation of the Plaintiff. But Plaintiff filed forged and fabricated suit
against Defendant to maintain his dignity.
ix. That the contents of para-18 of the plaint as alleged are denied. It is
denied that the defendant again approached to gain false sympathy. But
due to ongoing and financial condition defendant replied with humble and
respectful the email requesting Evaluserve leaders to clear the due salary
and payment and issue relieving letter so that he can get a job. He shared
all the contribution and his family medical challenges for them to even
consider him as human. Again defendant send the email but never heard
back for getting him F&F and letters.
x. That the contents of para-19 of the plaint as alleged are denied. It is
denied that Plaintiff has a good prima facie and the present suit is
instituted to harass defendant mentally and financially.
xi. That the contents of para-20 of the plaint as whole are denied. It is
submitted that the suit is to be valued at specified value and accordingly
court fees is to be paid on such amount.
xii. That the contents of para-21 of the plaint denied. It is admitted, however,
that the suit property is situated within jurisdiction of this Hon’ble Court.
However, it is submitted that this Hon’ble Court lacks jurisdiction to try
this present suit as the suit is barred.
Reply to Prayers
That the prayers as sought by the plaintiff cannot be allowed/granted for
reasons, inter-alia, permanent injunction and mandatory injunction,
wrongful loss or any cost to defendant. That the defendant had not any
confidential information as well as copies in his possession.
It is, therefore, most respectfully prayed that the present suit is to be dismissed
with exemplary cost as the present suit is devoid of any merit and is filed to waste
the precious judicial time.
(DEFENDANT)
THROUGH
(DIPAK KUMAR JENA)
Advocate,
Counsel for the Defendant,
D-7 Manas Apartments,
Mayur Vihar- I (Extn.),
Delhi- 110091
Mob.:- +91-9810078350
Mail:- dkjlegalsolution@gmail.com
New Delhi
Dated:-
VERIFICATION
Verified at New Delhi on this the day of February 2022 that the contents of
preliminary submissions para nos. 1 to and reply para-wise para nos. to
are true and correct to the best of my knowledge and belief and what
appears therefrom the record maintained by the office. Nothing material has been
concealed therefrom.
(DEPONENT)
BEFORE THE HON’BLE COURT OF LD. CJ (SD),GGM
Civil Suit No. of 2024
IN THE MATTER OF:-
Evalueserve SEZ (Gurgaon) Private Limited .... PLAINTIFF/Company
VERSUS
Mahesh Kumar Singh .... DEFENDANT
N.D.O.H:-
REPLY TO APPLICATION UNDER ORDER XXXIX RULE 1 & 2 R/W
SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWETH:-
1. That the present application under Order XXXIX Rule 1&2 of Code of Civil
Procedure, 1908 R/W Section 151 of Code of Civil Procedure, 1908 is filed
by the Plaintiff in the Civil Suit No. instituted against the defendant
by the Plaintiff.
2. PRELIMINARY OBJECTIONS
I. That the present suit is devoid of merit and is not maintainable on
grounds, inter-alia, permanent and mandatory injunction along with
relief of damages.
II. That the defendant had not any confidential information as well as
copies in his possession.
III. That the suit is not maintainable because no cause of actions arose
against the Defendant, no ad-interim injunction can be granted and
accordingly this application is to be dismissed for above-said reasons.
IV. That the contents of the Written Statement of the defendant and Order
VII Rule 11 R/w Section 151 of Civil Procedure, 1908 filed by the
defendant, to the extent it says about non-maintainability of present
suit, are reiterated herein and same may be read as preliminary
objections to the application filed under Order XXXIX Rule 1&2 R/w
Section 151 of Code of Civil Procedure, 1908 by the Plaintiffs in
abovementioned suit as part and parcel of this application and the
same had not been repeated herein for the sake of brevity and to avoid
repetition.
3. PARA-REPLY TO THE APPLICATION
a. That the contents of para-1 and 2 of the application as alleged are denied.
It is denied that defendant uses the confidential information for his own
benefit, tarnishing the Plaintiff’s reputation and there is no confidential
information as well copies in his possession. And the facts stated in the
suit are incorrect.
b. That the contents of para-3 of the application as alleged are denied. It is
denied that Plaintiff has a good prima facie in its favor but frivolous suit
against defendant so that Plaintiff hide the wrongful termination of the
defendant without serving notice.
c. That the contents of para-4 of the application as alleged are denied. It is
submitted that the permanent injunction is not applicable in the suit.
d. That the contents of para-5 and 6 of the application as alleged are denied.
It is denied that balance of convenience is lies on Plaintiff and the present
application is made Bonafide and in the interest of justice.
In light of the above, it is most respectfully requested to this Hon’ble
Court that this Hon’ble Court may graciously please to dismiss the
application with exemplary cost.
(DEFENDANT)
THROUGH
(DIPAK KUMAR JENA)
Advocate,
Counsel for the Defendant,
D-7 Manas Apartments,
Mayur Vihar- I (Extn.),
Delhi- 110091
Mob.:- +91-9810078350
Mail:- dkjlegalsolution@gmail.com
New Delhi
Dated:-
BEFORE THE HON’BLE COURT OF LD. CJ (SD),GGM
Civil Suit No. of 2024
IN THE MATTER OF:-
Evalueserve SEZ (Gurgaon) Private Limited .... PLAINTIFF/Company
VERSUS
Mahesh Kumar Singh .... DEFENDANT
N.D.O.H:-
AN APPLICATION UNDER ORDER VII R. 11 R/W SECTION 151
OF CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWETH:-
1. That the present matter is pending for adjudication, before this Hon’ble
court against the defendant instituted by the plaintiffs abovenamed against
the defendant abovenamed (hereinafter “applicant”) for permanent and
mandatory injunction, and damages.
2. That the applicant was the former employee had been employed aforesaid
compony M/s Evaluserve SEZ(Gurgaon)Private Limited from 19 October
2020 to 24 July 2024 in the present suit Shri Mahesh Kumar Singh Son /
Daughter of D S Sengar, resident of H.No. 63A/102A/2B, Plot No 80A,
Defence Colony, Agra Cantt, Uttar Pradesh 282001 is the Defendant.
3. That this present plaint filed by the plaintiffs in non-maintainable and/is
devoid of any actionable claim inter alia the plaint is to be rejected in view
of Order VII R. 11 R/W Section 151 of Code of Civil Procedure, 1908
(hereinafter “CPC”).
4. That the contents of the Written Statement of the defendant and Order
XXXIX Rule 1&2 R/w Section 151 of Civil Procedure, 1908 filed by the
defendant, to the extent it says about non-maintainability of present suit, are
reiterated herein and same may be read as facts in the rejection of plain O 7
R 11 R/w Section 151 of Civil Procedure, 1908 by defendant in the
abovementioned suit as part and parcel of this application and the same had
not been repeated herein for the sake of brevity and to avoid repetition.
5. That the present suit filed on behalf of plaintiff in misconceived and without
any cause of action arose against the defendant.
6. That this present Civil Suit is devoid of any merit and as is not maintainable
on grounds, inter-alia, permanent and mandatory injunction along with relief
of damages.
7. That the present suit under reference is defective and/or not maintainable for
non-joinder of parties and/or by not meaning proper parties for that present
suit deserve to be rejected.
8. That the present suit under reference and prayer made there in are vague
and without any basis cannot be granted as nothing survive to adjudicate for
that present suit deserve to be rejected.
9. That the present suit under reference is a malicious prosecution to defame
the defendant with ulterior motive for that present suit deserve to be
rejected.
10.That the present suit under reference deliberately and ostensively filed for
the reason to harass the defendant and ruin his carrier for that present suit
deserve to be rejected.
11.That the present suit under reference, the plaintiff herein came before the
Hon’ble court in uncleaned hand suppressed material facts for that present
suit deserve to be rejected.
12.That the present suit under reference, that one hand plaintiff act not playing
the legitimate due of defendant and in other hand claiming and/or
demanding against the defendant without any basis in any manner what so
ever, for that present suit deserve to be rejected.
13.That the present suit is under reference, the plaintiffs have not filed
appropriate court fees for the suit instituted by them, for that suit deserve to
be rejected.
14.That the present suit under reference based on the pure imagination,
surmises and conjectures for that present suit deserve to be rejected.
15.That the present suit under reference, there is no triable issue which eminent
for that present suit deserve to be rejected.
16.That the present matter filed by the plaintiff is miscarriage of justice and is
mere waste of precious judicial time.
17.That, it will be a travesty of justice, if the plaintiff succeed to proceed in the
instant matter, according to his design, motive (forum shopping) and in the
absence of proper necessary party.
18.That the above reasons the instant matter, filed by the plaintiff is to be
rejected with cost in the interest of justice.
19.That the balance of convenience lies in favour of the defendant and against
plaintiff.
20.That unless, prayer made herein after, is not granted, the defendant/applicant
will suffer irreparable loss and injury.
21.That the present applicant is made for Bonafide interest justice, equity and
fair play.
PRAYERS
In these premises, it is respectfully prayed that, this Hon’ble Court may graciously
be pleased to:-
a) Allow the present application of defendant/applicant and reject the present
suit of Permanent Injunction and Mandatory Injunction, and damages, AND
Application of Order XXXIX Rule 1&2 R/W 151 of CPC of Evalueserve
SEZ(Gurgaon) Private Limited and/or
b) Pass a further order(s)/direction(s) as this Hon’ble court may found deem fit
and proper in the best interest of justice.
(DEFENDANT)
THROUGH
DIPAK KUMAR JENA
Advocate
Counsel for the Defendant
D-7 Manas Apartments
Mayur Vihar- I (Extn.)
Delhi- 110091
Mob.:- +91-9810078350
Mail:- dkjlegalsolution@gmail.com
New Delhi
Dated:-
