Delhi High Court - Orders
Alankit Assignments Limited vs Dy. Labour Commissioner And Anr on 6 January, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:07.01.2022 17:05:41
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5814/2018
ALANKIT ASSIGNMENTS LIMITED ..... Petitioner
Through: Mr. Swetank Shantanu, Advocate.
versus
DY. LABOUR COMMISSIONER AND ANR. ..... Respondents
Through: Mr. Saurabh, Advocate for R-2.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 06.01.2022 CM APPL. 656/2022 (for stay) in W.P.(C)5814/2018
1. This hearing has been done through video conferencing.
2. This is a fresh application for stay filed by the Petitioner/Alankit Assignments Limited (hereinafter "Petitioner") which has been moved on the ground that during the pendency of the present writ petition a warrant of attachment has been issued on 17th November, 2021 by the Executing Court in the execution of the impugned order dated 13th February 2018 in CT NO. 17190/2018 titled Jai Prakash Pandey v Alankit Assignment Ltd.
3. The executing court has directed attachment of the assets and bank account for the recovery of a sum of Rs, 1,84,112/- on the ground that the previous application CM No. 22583-2018 for stay of the order impugned in the present petition had been earlier dismissed by this Court vide order dated 20th November 2019.
4. It is submitted by the ld. Counsel for the Petitioner that the Recovery Officer is now intending to attach the computers and other movable assets belonging to the Petitioner. In fact, the Petitioner had made an offer for a payment of Rs.1,50,000/- as full and final settlement of the entire dispute earlier. However, no compromise could be reached between the parties as is Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:07.01.2022 17:05:41 reflected in the Report of the Delhi High Court Mediation Centre dated 31st October 2019. Considering the fact that the total amount recoverable from the Petitioner is Rs.1,84,112/- he submits that stay may be granted by this Court qua the attachment so that the business of the Petitioner is not disrupted in any manner.
5. Advance copy is stated to have been served upon the ld. Counsel for the Workman, however, there is no appearance on behalf of the Workman/ Respondent No.2. The order of attachment passed by the Executing Court on 17th November, 2021 has resulted in coercive measures being taken against the Petitioner for recovery of the amount. The total amount recoverable is Rs. 1,84,112/- and the earlier offer made by the Petitioner of Rs.1,50,000/-. In order to ensure that no disruption is caused to the Petitioner's business, due to the coercive measures that may be taken pursuant to the attachment order, especially during the pandemic, it is directed that the attachment order dated 17th December 2021 shall remain stayed subject to deposit of Rs.1,50,000/- by the Petitioner with the ld. Registrar General of this Court within two weeks.
6. Issue notice in the application. Let reply to the application be filed within two weeks. Rejoinder, thereto, be filed within two weeks.
7. List on 26th April, 2022 in the main list.
8. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH, J JANUARY 6, 2022/Rahul/SK