Pramila Sharma Vs District Magistrate and or S — Delhi HC (2025) — LawSathi Research

Pramila Sharma Vs District Magistrate and or S — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application CM APPL. 20201/2026 disposed of with a direction to respondent no. 1 to decide the objections taken by respondent no. 2 in the recovery proceedings in accordance with law; no stay or closure of the Recovery Certificate proceedings was granted.

Issue for consideration

Disposal of respondent no. 2's application under Section 151 of the CPC praying (a) recall of the order dated 12.12.2025 passed in the writ petition, (b) declaration that respondent no. 2 has paid the entire awarded amount with applicable interest, (c) closure of proceedings arising out of Recovery Certificate No. F. 1\o. Gr/06/NE/2022/241 qua respondent no. 2 before the Controlling Authority under the Payment of Gratuity Act, 1972 and the Deputy Labour Commissioner, Shahdara, and (d) stay of coercive/recovery proceedings. +1 more

Court's answer

Respondent no. 2's application (CM APPL. 20201/2026, as numbered in the body of the order) is disposed of in view of the averments made therein; the Court did not itself recall the order dated 12.12.2025, adjudicate the payment objection, or order closure of the recovery proceedings.

Ratio / Principle

Respondent no. 1 is directed to decide the objections taken by respondent no. 2 in the recovery proceedings in accordance with law.

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.), order dated 30.03.2026 in W.P.(C) 18915/2025 & CM APPL. 20202/2026 (Prakash... ) - On an application filed by respondent no. 2 under Section 151 of the CPC (numbered CM APPL. 20201/2026 in the body of the order) seeking (a) recall of the order dated 12.12.2025 passed in the writ petition, (b) a declaration that respondent no. 2 had already paid the entire awarded amount with applicable interest, (c) closure of all proceedings arising out of Recovery Certificate No. F. 1\o. Gr/06/NE/2022/241 qua respondent no. 2 before the Controlling Authority under the Payment of Gratuity Act, 1972 and the Deputy Labour Commissioner, Shahdara, Delhi, and (d) stay of coercive/recovery proceedings, learned counsel for respondent no. 2 confined the request to directions for decision of its objections in the recovery proceedings in accordance with law. The Court disposed of the application directing respondent no. 1 to decide the objections taken by respondent no. 2 in the recovery proceedings in accordance with law. The Court did not decide the validity of the payment objection nor stay or quash the recovery proceedings.

$~43

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 18915/2025 & CM APPL. 20202/2026

PRAMILA SHARMA .....Petitioner

Through:

versus

DISTRICT MAGISTRATE AND OR S .....Respondents Through: Mr. Paras Verma, Mr. Sachet Sharma, Mr. Ayush Sharma and Ms. Nikita Singh, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 30.03.2026

This hearing has been done through hybrid mode.

CM APPL. 20201/2026

The present application on behalf of respondent no. 2 under Section 151 of the CPC seeks following prayers:-

“a. Recalling of the order dated 12.12.2025, passed in the present writ petition, in the interest of justice;

b. Hold and declare that Respondent No.2 has already paid the entire awarded amount along with applicable interest and that no further amount is due or payable to the Petitioner;

c. Direct the Controlling Authority under the Payment of Gratuity Act, 1972 as well as the Deputy Labour Commissioner, Shahdara, Delhi, to close/drop all proceedings arising out of Recovery Certificate No. F. 1\o. Gr/06/NE/2022/241 qua Respondent No.2;

d. Stay all coercive or recovery proceedings initiated pursuant to the said Recovery Certificate during the pendency of the present application;

e. Pass any other or further order(s) as this Hon'ble Court may deem fit

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2026 at 12:14:41

and proper in the facts and circumstances of the case.”

Learned counsel appearing on behalf of respondent no. 2 submits that necessary directions may be passed to concerned authority to decide the objections raised by respondent no. 2 as mentioned in the present application in accordance with law.

In view of the averments made in the application, the same is disposed of directing respondent no. 1 to decide the objections taken by respondent no. 2 in the recovery proceedings in accordance with law.

AMIT SHARMA, J

MARCH 30, 2026 /sn/ah

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2026 at 12:14:41