Sanjay Gupta v. Tev Apharm India Private Limited And ORS

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 155/2025 & I.As. 6479/2025, 6480/2025, 6481/2025 SANJAY GUPTA .....Plaintiff Through:

Ms. Rashi Mangal, Mr. Utkarsh Kokcha and Mr. Bilal Ikram, Advocates.

versus TEV APHARM INDIA PRIVATE LIMITED AND ORS .....Defendants Through:

Mr. Ajit Warrier, Mr. Himanshu Setia and Ms. Sakshi Agarwal, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 09.04.2025 1.

This suit is filed on behalf of the Plaintiff seeking the following reliefs: - "A. Pass a decree of declaration against the Defendants and in favour of the Plaintiff directing that the termination letter dated 14.09.2023 is in breach of the Letter of Appointment dated 08.09.2016 and consequently the termination of the Plaintiff from the employment of Defendant No. 1 and Defendant No. 2 is illegal and unlawful;

B. Pass a decree of permanent injunction restraining the Defendants or any of their agents from publishing/reporting negative references to any third parties in respect of the Plaintiff's employment at Defendant No. 1 Company;

C. Pass a money decree of damages against the Defendants and in favour of the Plaintiffs for an amount of INR 5,00,26,540/- along with 18% interest p.a. from the date of termination till the date of realization, as damages for unlawful termination from employment and breach of the terms of the Letter of Appointment dated 08.09.2016; D. In addition to the above claimed amount of INR 5,00,26,540/-, pass a money decree of damages against the Defendants and in favour of the CS(OS) 155/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:48:53

Plaintiffs for an amount of INR 4,31,02,816.5/- along with 18% interest p.a. from the date of termination till the date of realization, which amount represents collectively the amount equivalent to the current market value of 12,835 Restricted Stock Units of Defendant No. 2 awarded to the Plaintiff as well as the stock options awarded in the year 2019 and 2018." 2.

Learned counsel for the Plaintiff, on instructions, fairly and candidly submits that in view of the judgment of the Supreme Court in Rakesh Kumar Verma vs. HDFC Bank Ltd., Civil Appeal No. 2282/2025, decided on 08.04.2025, this Court does not have the jurisdiction to entertain the present suit and accordingly, the plaint be returned in light of the judgment in Rakesh Kumar Verma (supra).

3.

In view of above, plaint along with pending applications is returned in accordance with law to be filed before the Court of competent jurisdiction. JYOTI SINGH, J APRIL 9, 2025 S.Sharma CS(OS) 155/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 15:48:53