Delhi High Court - Orders
M/S Menmy Shop.Com vs Govt. Of Nct Of Delhi And Anr on 8 August, 2022
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11830/2022 and CM APPL. Nos. 35248-49/2022
M/S MENMY SHOP.COM ..... Petitioner
Through : Mr. Sushant Mukund, Advocate.
versus
GOVT. OF NCT OF DELHI AND ANR. ..... Respondents
Through : None.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 08.08.2022 CM APPL. 35249/2022 (for exemption) Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 11830/2022 The petitioner has filed this petition seeking setting aside of the judgment dated 29th March, 2022 passed by the Competent Authority in the proceedings held under Section 21 of the Delhi Shops & Establishment, Act, 1954. Learned counsel for the petitioner submits that the said order is ex- parte inasmuch as, the petitioner was unable to cross-examine the claimed workman on the date fixed for the cross-examination. He submits that the dates on which the cross-examination was fixed i.e. 12th April, 2021, Delhi was in lock-down-2 and due to the pandemic of COVID, the proceedings could not be prosecuted diligently by the petitioner. He submits that the Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:09.08.2022 17:17:45 evidence brought on record by the respondent/claimed workman does not prove that he was employed with the petitioner. He further submits that a perusal of the statement of the claimed workman which has been filed as Annexure-'P-10' would further disclose that the same is not signed by the claimed workman and it is, in fact, proxy litigation by the persons, named as Authorized Representative in this petition.
Subject to the petitioner taking necessary steps, issue notice to the respondents through all permissible modes, returnable on 13th October, 2022.
CM APPL. 35248/2022 (for stay) Learned counsel for the petitioner submits that he shall deposit the awarded amount of Rs.39,000/- (Rupees Thirty Nine Thousand only) within a period of two weeks in the Registry of this court.
Subject to the deposit of the awarded amount of Rs.39,000/- (Rupees Thirty Nine Thousand only) with the Registry of this court by the petitioner, there shall be a stay on the operation of the impugned order 29th March, 2022 passed by the Competent Authority. The amount, so deposited by the petitioner shall be kept in a Fixed Deposit Receipt ('FDR'), initially for a period of six months and auto-renewable thereafter.
List on 13th October, 2022.
MANMEET PRITAM SINGH ARORA. J AUGUST 8, 2022 j Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:09.08.2022 17:17:45