Case Note & Summary
The High Court dismissed an appeal by Appellant against a money decree favoring Respondent for an ex-gratia payment of Rs. 6,32,000/- -- The respondent had resigned and was offered the amount subject to conditions including not joining competing companies for eighteen months -- The appellant argued the offer was revoked due to lack of acceptance, but the court found the plaintiff's conduct in complying with conditions constituted acceptance under the Indian Contract Act, 1872 -- The trial court's decision was affirmed, holding the plaintiff entitled to the payment as per the offer letter
Headnote
The High Court of Karnataka at Bengaluru dismissed a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against a money decree -- The appellant, M/s Wipro Enterprises Private Limited, challenged the trial court's judgment decreeing recovery of Rs. 6,32,000/- as ex-gratia payment to the respondent, Mr. Ratnesh Pandey -- The court held that the offer in the letter dated 18.09.2017 was not revoked under Section 6(2) of the Indian Contract Act, 1872 as the plaintiff's conduct constituted acceptance under Sections 7(2) and 8 -- The plaintiff's compliance with conditions during the non-solicitation period demonstrated acceptance by performance -- The trial court's decree was upheld, finding no perversity -- The appeal was dismissed with costs
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Issue of Consideration: The Issue of consideration mentioned in the Judgement is whether the offer of ex-gratia payment stood revoked for want of acceptance and whether the plaintiff's conduct constituted acceptance under the Indian Contract Act, 1872
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Final Decision
The High Court dismissed the appeal, upholding the trial court's money decree for Rs. 6,32,000/- in favor of the respondent, with costs
