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[Cites 3, Cited by 0]

Bangalore District Court

Mountblue Technologies Private Ltd vs Harsha Vardhan Reddy Pathapalli on 17 October, 2025

KABC010315402023




     IN THE COURT OF THE XX ADDL. CITY CIVIL &
      SESSIONS JUDGE(CCH-32), BANGALORE CITY
          Dated this the 17th day of October 2025
                            Present:
            Sri.Sirajuddeen A., B.A., LL.B.,
            XX Addl. City Civil & Sessions Judge,
                         Bengaluru.

                          O.S.No.7686/2023
PLAINTIFF             :     Mountblue Technologies Pvt. Ltd.,
                            A Company registered under the
                            Companies Act, 2013, having its
                            registered office at:
                            #91, Springboard,
                            Padmavathi Industrial Complex,
                            No.81/11, 81/5, Koramangala,
                            Bengaluru-560034.
                            Represented by its
                            General Manager
                            Mr.Anand Shreekant.
                            (By Sri.H.N.Narendra Dev,
                             Advocate)
                            //versus//
DEFENDANT             :     Mr.Harsha Vardhan Reddy
                            Pathapalli,
                            S/o Mr.Siva Sekhar Reddy,
                            Aged about 28 years,
                            7-58, Thimmampalli,
                            Yellanur, Anantapur,
                            Andhra Pradesh-515465.

                           (Exparte)

Date of institution
of the suit:                     : 27/11/2023
                             2            O.S.No.7686/2023


Nature of suit                  : Money suit.

Date of commencement
of recording of evidence        : 09/08/2024

Date on which the
judgment was pronounced         : 17/10/2025

Duration                        : year/s Month/s         day/s
                                   01      10             20

                            (Sirajuddeen A.),
                   XX Addl. City Civil & Sessions Judge,
                                Bengaluru.


                   JUDGMENT

Plaintiff instituted this suit for recovery of money against the defendant.

2. The case of the plaintiff is that, plaintiff company is engaged in imparting intensive software training at its own cost to eligible candidates, who after completion are deployed with reputed customers such as Microsoft, Naukri.com, Zomato, Razorpay, Acko, and others. As part of this arrangement, candidates undego a "Training Period" and thereafter a one year "Deployment Period" during which they are placed with customers of the plaintiff and receive remuneration from the plaintiff. The defendant, desirous of being employed under this arrangement, was issued an offer 3 O.S.No.7686/2023 letter dated 21/01/2022 and subsequently executed the training and Deployment Agreement dated 23/3/2022 and Employment Agreement dated 24/3/2022. Under clause 6.3 of the Training Agreement and Clause 4.5.3 of the Employment Agreement, the defendant undertook to serve for the agreed period or, in default, to compensate the plaintiff by paying Rs.2 lakhs as liquidated damages. After completion of training, the defendant was deployed with the plaintiff's customer. Outleap Technologies Private Limited from 12/5/2022. However, during October 2022 he stopped reporting to work without notice and repeatedly defaulted despite reminders and opportunities. On 9/11/2022 the plaintiff issued a notice of breach. The defendant responded but again failed to report. His employment was eventually terminated vide plaintiff's email dated 20/3/2023 and legal notice dated 15/4/2023 demanding payment of Rs.2 lakhs. After adjustments, the outstanding amount was computed at Rs.1,86,394/-, inclusive of interest and dues. Despite receipt of notices, the defendant neither replied satisfactorily nor made payment. Hence this suit for recovery of Rs.2,12,775/- inclusive of interest upto the date of suit. 4 O.S.No.7686/2023

3. Upon issuance of summons to the defendant, the defendant failed to appear and was placed exparte.

4. In order to prove the case, the General Manager of the plaintiff company is examined as PW1 and got marked documents at Ex.P.1 to Ex.P.19 and closed its side evidence.

5. Perused the plaint averments, documents available on record and evidence led. Heard the counsel appearing for plaintiff company.

6. The points that arise for my consideration are:

1. Whether the plaintiff company is entitle for the recovery of suit claimed amount?
2. What order or decree?

7. My answers to the above point No.(i) is in the affirmative and for point No.(ii) as per final order passed, for the following REASONS

8. Point No.(i): This is the suit filed by the plaintiff company against the defendant for recovery of money. 5 O.S.No.7686/2023

9. It is the specific assertion of the plaintiff company that, the defendant is an employee under plaintiff company, after completion of training, the defendant was deployed with the plaintiff's customer. Outleap Technologies Private Limited from 12/5/2022. However, during October 2022 he stopped reporting to work without notice and repeatedly defaulted despite reminders and opportunities. On 9/11/2022 the plaintiff issued a notice of breach. The defendant responded but again failed to report. His employment was eventually terminated vide plaintiff's email dated 20/3/2023 and legal notice dated 15/4/2023 demanding payment of Rs.2 lakhs. After adjustments, the outstanding amount was computed at Rs.1,86,394/-, inclusive of interest and dues. Hence the suit for recovery of Rs.2,12,775/- inclusive of interest upto the date of suit.

10. For the purpose of proving of plaintiff's case, the General Manager of plaintiff company got examined himself as P.W.1 and produced documentary evidence. Ex.P.1 is the copy of resolution dated 23/11/2022. Ex.P.2 is the copy of letter of offer dated 21/1/2022. Ex.P.3 is the copy of Email dated 16/4/2022. Ex.P.4 is the copy of email dated 6 O.S.No.7686/2023 10/10/2022. Ex.P.5 is the copy of email dated 9/11/2022. Ex.P.6 is the copy of email dated 10/11/2022. Ex.P.7 is the copy of email dated 15/11/2022. Ex.P.8 is the copy of Email dated 17/11/2022. Ex.P.9 is the copy of email dated 23/11/2022. Ex.P.10 is the copy of email dated 25/1/2023. Ex.P.11 is the copy of email dated 1/2/2023. Ex.P.12 is the copy of email dated 3/2/2023. Ex.P.13 is the copy of email dated 20/3/2023. Ex.P.14 is the copy of email dated 24/3/2023. Ex.P.15 is the copy of email dated 8/6/2023. Ex.P.16 is the copy of email dated 13/6/2023. Ex.P.17 is the Certificate under Section 65B of the Indian Evidence Act. Ex.P.18 is digitally signed training and deployment agreement dated 23/3/2022 and Ex.P.19 is the digitally signed employment agreement dated 24/3/2022.

11. The unrebutted evidence of PW1 supported by Ex.P.2, Ex.P.18 and Ex.P.19, clearly establishes the contractual relationship between the parties. The said agreements explicitly proved for payment of Rs.2 lakhs as liquidated damages in the event of premature termination by the employee. The documentary evidence i.e. emails Ex.P.3 to Ex.P.16 further shows that the defendant absented himself 7 O.S.No.7686/2023 from work, ignored repeated reminders, and ultimately abandoned employment, thereby triggering the contractual clause for compensation. The testimony of PW1 remains unchallenged, as the defendant failed to contest or cross examine. Thus, plaintiff by adducing the oral evidence and also by producing documentary evidence proved that plaintiff is entitled for recovery of amount of Rs.2,12,775/- as on the date of suit.

12. In so far as the interest is concerned, the plaintiff is seeking interest @ 18% per annum from the date of suit till realization. The claiming of interest @18% p.a. by the plaintiff is not justifiable one. It is exorbitant and arbitrary. By invoking the inherent power of the court provided under Section 34 of CPC, it would be just and proper to grant 6% interest per annum. Hence the plaintiff is not entitled for recover the amount with interest of 18% p.a. However, the plaintiff is entitled for claiming interest at the rate of 6% p.a. Thus, this court is of the opinion that, plaintiff is entitled to recover Rs.2,12,775/- as on date of suit plus interest @6% per annum from date of suit till realization. With these observations, my answer to point No.(i) is in Affirmative. 8 O.S.No.7686/2023

13. Point No.(ii): In view of above said observations, I proceed to pass the following ORDER Suit of the plaintiff is decreed with costs. Plaintiff is entitle to recover the amount of Rs.2,12,775/- from the defendant with interest at the rate of 6% p.a. from the date of suit till the realization of entire amount.

Draw decree accordingly.

(Dictated to the Stenographer Grade -I on computer, computerized by him, corrected and then pronounced by me in open court on the 17th day of October 2025) (Sirajuddeen A.) XX Addl.City Civil & Sessions Judge, Bengaluru.

ANNEXURE List of witnesses examined for the Plaintiff:

P.W.1: Anand Shreekant. List of documents marked for the Plaintiff:
Ex.P.1 : Copy of resolution dated 23/11/2022. Ex.P.2 : Copy of letter of offer dated 21/1/2022. Ex.P.3 : Copy of Email dated 16/4/2022. Ex.P.4 : Copy of email dated 10/10/2022. Ex.P.5 : Copy of email dated 9/11/2022. Ex.P.6 : Copy of email dated 10/11/2022. Ex.P.7 : Copy of email dated 15/11/2022.
9 O.S.No.7686/2023
Ex.P.8 : Copy of Email dated 17/11/2022. Ex.P.9 : Copy of email dated 23/11/2022. Ex.P.10 : Copy of email dated 25/1/2023. Ex.P.11 : Copy of email dated 1/2/2023. Ex.P.12 : Copy of email dated 3/2/2023. Ex.P.13 : Copy of email dated 20/3/2023. Ex.P.14 : Copy of email dated 24/3/2023. Ex.P.15 : Copy of email dated 8/6/2023. Ex.P.16 : Copy of email dated 13/6/2023. Ex.P.17 : Certificate under Section 65B of the Indian Evidence Act.
Ex.P.18 : Digitally signed training and deployment agreement dated 23/3/2022.
Ex.P.19 : Digitally signed employment agreement dated 24/3/2022.
List of Witnesses examined for the defendant:
Nil.
List of documents marked for the defendant:
Nil.
(Sirajuddeen A.) XX Addl.City Civil & Sessions Judge, Bengaluru.