Delhi High Court - Orders
Societe Generale vs Daewoo Motors India Ltd on 10 April, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
C-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 66/2003, CO.APPL. 190-192/2020, CO.APPL. 551/2021,
CO.APPL. 195/2023 CO.APPL. 196/2023
SOCIETE GENERALE ..... Petitioner
Through:
versus
DAEWOO MOTORS INDIA LTD. ..... Respondent
Through: Ms. Ruchi Sindhwani, SSC with
Ms. Medha Bharara, Advocate for
OL.
Mr. Abhishek Sharma, Ms. Ashly C.
and Ms. Harshita Agarwal, Advocates
for R-5.
Mr. Deepak Singh and Mr. Vijay
Awana, Advocates in CA 142/2019.
Mr. Ajay Kumar Bhatnagar,
Advocate in CAs 14/2021, 194/2023.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 10.04.2023 CO.APPL. 3487/2016 (for directions to the committee to take on record the list of 1320 workers and 78 employees and to collect the dues due to the workmen on the basis of the said list)
1. This application has already been disposed of vide order dated 05th October, 2018. Registry is directed not to reflect the same in the cause list.
Signature Not Verified Digitally Signed CO.PET. 66/2003 Page 1 of 5 By:SAPNA SETHI Signing Date:15.04.2023 18:40:50CO.APPLs. 93/2017 (for direction to the Committee for verification of claims), 1083/2017 and 1454/2017 (for early hearing of CO.APPL. 93/2017)
2. The above-captioned applications seek directions to the committee constituted by this Court to scrutinise and verify the claims of workmen. In view of the final list dated 09th July, 2018 prepared by the committee, the relief has become infructuous and no further directions are required.
3. The applications are disposed of.
CO. APPL. 1082/2017 (for early hearing of CO.APPL. 1965/2015)
4. As CO.APPL. 1965/2015 was disposed of on 05th October, 2018, the relief sought in the present application is rendered infructuous.
5. The application is accordingly, disposed of as such.
CO.APPL. 1569/2017 (for issuing directions to the Official Liquidator to intervene in the proceedings before DRT No. 2, Mumbai to protect the interests of the workmen)
6. Present application seeks a direction to the OL to represent the workmen in proceedings before the Debts Recovery Tribunal, Mumbai Bench. Vide order dated 22nd September, 2017, OL was directed to appoint a counsel for said purpose.
7. Thus, no further directions are required in the application and same is disposed of.
CO.APPL. 436/2018 (for release of 75% of the admitted claims of the workmen) and CO.APPL. 1047/2019 (on behalf of DCM Daewoo Employees Union for distribution of workers dues) Signature Not Verified Digitally Signed CO.PET. 66/2003 Page 2 of 5 By:SAPNA SETHI Signing Date:15.04.2023 18:40:50
8. The reliefs sought in the instant applications stand redressed in as much as on 16th December, 2019, the OL has already been directed to disburse the workers' dues.
9. In view of the above, the applications are disposed of as infructuous.
CO.APPL. 1548/2018 (seeking direction to the OL to disburse the compensation amount of Rs. 58,4611/-in the above mentioned proceeding to employee code no. 1180 namely Dev Bhaiya formerly known as Jitendra Kumar Bhati)
10. The instant application has already been disposed of vide order dated 21st December, 2018. Registry is directed not to reflect the same in the cause list.
CO.APPL. 573/2019 (on behalf of DCM Daewoo Workmen Union for early hearing)
11. This application has already been disposed of vide order dated 28th May, 2019. Registry is directed not to reflect the same in the cause list.
CO.APPL. 711/2019 (for exemption from filing the certified-copy of annexures P-1)
12. Present application was filed along with CO.APPL. 710/2019, which has already been disposed of on 22nd July, 2019. Accordingly, the present application is rendered infructuous.
13. Disposed of CO.APPL. 1147/2019 (under Rule 9 of the Company (Court) Rules, 1959 on behalf of OL) Signature Not Verified Digitally Signed CO.PET. 66/2003 Page 3 of 5 By:SAPNA SETHI Signing Date:15.04.2023 18:40:50
14. As recorded in order dated 13th December, 2019, the parties have arrived at a settlement and thus, no directions are required in the instant application.
15. Disposed of.
CO.APPL. 1215/2019 (on behalf of DCM Daewoo Workmen Union for early hearing)
16. The application has already been allowed vide order dated 20th November, 2019. Registry is directed not to reflect the same in the cause list.
CO.APPL. 285/2021 (for condonation of delay)
17. Application stands disposed of vide order dated 06th April, 2021. Registry is directed not to reflect the same in the cause list.
OLR 92/2017, OLR 133/2019, OLR 297/2019
18. The status reports are permitted to be taken on record and disposed of.
CO.APPL. 194/2023 (for modification / amendment of prayer clause of CA No. 14/2021)
19. Applicant seeks to introduce additional grounds and amend the prayer in CO. APPL. 14/2021, which is still pending. Ms. Ruchi Sindhwani, Standing Counsel for OL, does not object to said amendment, however, states that since a reply to CO. APPL. 14/2021 has already been filed, an opportunity should be afforded to them to file a response to the amendments.
20. For the grounds and reasons stated in the application, the same is Signature Not Verified Digitally Signed CO.PET. 66/2003 Page 4 of 5 By:SAPNA SETHI Signing Date:15.04.2023 18:40:50 allowed. Applicant shall file an amended application within three weeks from today with a copy thereof to counsel for OL, who is permitted to file a response to the amended application within a period of three weeks thereafter.
21. The application is disposed of.
CO.APPL. 142/2019 (on behalf of DCM Daewoo Workmen Union for directions)
22. Counsel for Applicant has concluded his arguments, yet he seeks time to make additional submissions.
23. List on 25th April, 2023.
CO.APPLs. 1275/2018 (for release of 35% of admitted claims of workmen), 38/2022 (for payment of admitted claims to workmen), 302/2022 (on behalf of 8 employees in whose favour various awards were passed by the labour courts directing their reinstatement in service, with continuity of service and full back wages for payment of gratuity alongwith statutory interest and for payment of retrenchment compensation)
24. List on 02nd May, 2023.
CO. APPL. 14/2021(on behalf of employees of M/s DMIL for directions)
25. List on 10th July, 2023.
SANJEEV NARULA, J APRIL 10, 2023 nk Signature Not Verified Digitally Signed CO.PET. 66/2003 Page 5 of 5 By:SAPNA SETHI Signing Date:15.04.2023 18:40:50