Naresh Kumar Gandhi v. Cambridge Foundation Aschool & ORS.

$~12 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI LPA 675/2023, CAV 516/2023, CM APPL. 51146/2023-Stay CAMBRIDGE FOUNDATION SCHOOL ..... Appellant Through:

Mr. Pramod Gupta, Mr. Nicole Gomez, Ms. Adyanshi Kashyap and Mr. Harsh Jaiswal, Advs versus SHRI NARESH KUMAR GANDHI & ORS.

..... Respondents Through:

Mr. Sanjeev Ralli, Sr. Adv. With Mr.

Mohit Mudgal, mr. Ravi Kant Yadav and Mr. Chetanya Baweja, Advs. For R-1 Ms. Lalita Chaudhary, Adv.

+ LPA 788/2023, CM APPL. 63042/2023- Addl. doc. NARESH KUMAR GANDHI ..... Appellant Through:

Mr. Sanjeev Ralli, Sr. Adv. With Mr.

Mohit Mudgal, mr. Ravi Kant Yadav and Mr. Chetanya Baweja, Advs.

versus CAMBRIDGE FOUNDATION SCHOOL & ORS...... Respondents Through:

Mr. Pramod Gupta, Mr. Nicole Gomez, Ms. Adyanshi Kashyap and Mr. Harsh Jaiswal, Advs. For R- & 3

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE % 22.05.2024

O R D E R

1.

The present two appeals under Clause X of the Letters Patent, one filed by the School and the other filed by the employees, seek to assail the order dated 17.07.2023 passed by the learned Single Judge in W.P.(C) 9481/2017. For the sake of convenience, we are referring to the parties by 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 27/05/2024 at 12:50:44

their positions in LPA No. 675/2023, which has been filed by the School. 2.

On the last date, after hearing learned counsel for the parties at some length, we had granted time to the parties to consider whether the matter could be resolved amicably. Today, both sides agree that upon the appellant/School paying a sum of Rs.15,00,000/- to the respondent no.1, who is the appellant in LPA 788/2023, the matter will be given a quietus. In the light of the aforesaid, we dispose of the appeals by directing the appellant to pay a sum of Rs. 15,00,000/- to the respondent no.1 within a period of four weeks, making it clear that upon receipt of the said amount, the respondent no.1/Mr. Naresh Kumar Gandhi will have no surviving claim against the appellant. Furthermore, the observations made in the impugned order, some of which appear to indict the School, will not be used by any of the parties in any proceedings whatsoever and will be treated as having been made in the peculiar facts and circumstances of the case without being treated as a precedent.

3.

However, the findings in the impugned order regarding the termination of Mr. Naresh Kumar Gandhi having been set aside, will remain to be binding on both sides.

4.

Both the appeals, alongwith the pending applications, stand disposed of in the aforesaid terms.

REKHA PALLI, J SAURABH BANERJEE, J MAY 22, 2024/rr 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 27/05/2024 at 12:50:44