Delhi High Court - Orders
M/S. Scope Promoters Pvt. Ltd vs Mahesh Chandra Rai on 16 April, 2021
Author: Jyoti Singh
Bench: Jyoti Singh
$~A-37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7922/2020
M/S. SCOPE PROMOTERS PVT. LTD. ..... Petitioner
Through: Mr. Hitesh Bhardwaj and Mr. Sandeep
Khairwal, Advocates
versus
MAHESH CHANDRA RAI ..... Respondent
Through: Mr. Safaraz Khan, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 16.04.2021 Hearing has been conducted through Video Conferencing.
CM No.14583/2021 (delay of 95 days in filing application) Present application has been filed by the Petitioner for condoning the delay of 95 days in filing the application under Order IX Rule 4 CPC.
Issue notice.
Mr. Safaraz Khan accepts notice on behalf of the Respondent. For the reasons stated in the application, the same is allowed. Delay of 95 days in filing the application is condoned. CM No.14582/2021 (for restoration) Present application has been filed under Order IX Rule 4 CPC for restoration of the writ petition. The writ petition was dismissed for non-prosecution on 11.11.2020. It is averred in the application that the writ petition was filed by the former counsel during the period of lockdown and it was apprised to the Petitioner that the counsel was pursuing the matter. However, when after passing of several months, there was no update from the counsel, the Petitioner checked the status of the writ petition from the website and learnt that due to non-appearance of the counsel, the writ petition had been dismissed for non-prosecution on 11.11.2020. It was submitted that non-appearance is bonafide and for reasons beyond the control particularly the fact that the period is covered by the Pandemic.
Issue notice.
Mr. Sarfaraz Khan accepts notice on behalf of the Respondent. For the reasons stated in the application, the same is allowed. The writ petition is restored to its original number. W.P.(C) 7922/2020 Issue notice.
Mr. Sarfaraz Khan accepts notice on behalf of the Respondent. Mr. Khan submits that a copy of the writ petition has not been served on him. Let a copy of the writ petition be supplied to Mr. Khan by the counsel for the Petitioner through electronic mode, within two days from today.
Counter Affidavit be filed within four weeks. Rejoinder thereto, if any, be filed before the next date of hearing.
Learned counsel for the Petitioner submits that the entire awarded amount towards the back-wages has already been paid to the Respondent. Mr. Sarfaraz Khan, on instructions, acknowledges the fact that some amount has been paid to the Respondent but submits that there is some deficiency.
As substantial part of the Award has been complied with, even according to the Respondent, the Award to the extent it has directed reinstatement of the Respondent, is stayed till the next date of hearing.
List on 03.08.2021.
JYOTI SINGH, J APRIL 16, 2021 yg