Dismissed

Panaesha Capital Pvt. Ltd. through Sandeep Phogat & Anr. v. Danish Moin

Delhi HC18 Feb 2025W.P.(C)/2068/2025

Case brief

AI extract

What is this about?

Petitioner company challenged six awards of the Deputy Labour Commissioner under the Delhi Shops and Establishments Act, alleging its failure to lead defence evidence was due to erstwhile counsel's misconduct. Counsel sought withdrawal; petitions dismissed as withdrawn with liberty to seek instalment payments from the execution/recovery authority.

What did the court decide?

Petitions dismissed as withdrawn; liberty to approach execution/recovery authority seeking instalment payment of awarded amounts.

Panaesha Capital Pvt. Ltd. through Sandeep Phogat… — Service and Employment | Delhi HC (2025)

¶1

$~61 to 66

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(C) 2063/2025 PANAESHA CAPITAL PVTLTD THROUGH SANDEEP PHOGAT & ANR. .....Petitioners Through: Mr. Mudit Sood, Advocate versus SHAFI AZAM .....Respondent Through: None

¶4

W.P.(C) 2064/2025 PANAESHA CAPITAL PVT LTD THROUGH SANDEEP PHOGAT & ANR. .....Petitioners Through: Mr. Mudit Sood, Advocate versus DANISH AZIM QURESHI .....Respondent Through: None

¶5

¶6

PANAESHA CAPITAL PVTLTD THROUGH SANDEEP PHOGAT & ANR. .....Petitioners Through: Mr. Mudit Sood, Advocate versus KHUSHBU SHARMA .....Respondent Through: None

¶7

- W.P.(C) 2066/2025

¶8

PANAESHA CAPITAL PVT LTD THROUGH DIRECTOR SANDEEP PHOGAT & ANR. .....Petitioners Through: Mr. Mudit Sood, Advocate

¶9

This is a digitally signed order.

¶10

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 01/07/2025 at 23:38:58

¶11

versus

¶12

SHASHANK JAISWAL .....Respondent Through: None

¶13

¶14

PANAESHA CAPITAL PVT LTD THROUGH SANDEEP PHOGAT & ANR. .....Petitioners Through: Mr. Mudit Sood, Advocate versus

¶15

DANISH MOIN .....Respondent Through: None

¶16

¶17

PANAESHA CAPITAL PVT LTD THROUGH DIRECTOR SANDEEP PHOGAT & ANR. .....Petitioners Through: Mr. Mudit Sood, Advocate versus BHAWNA .....Respondent Through: None

¶18

CORAM:

¶19

HON'BLE MR. JUSTICE GIRISH KATHPALIA

¶20

O R D E R

¶21

% 18.02.2025 [ Physical Hearing/Hybrid Hearing (as per request)]

¶22

CM APPL. 9698/2025 & CM APPL. 9699/2025 (exemption) in W.P.(C) 2063/2025 CM APPL. 9702/2025 CM APPL. 9703/2025 (exemption) in W.P.(C) 2064/2025 CM APPL. 9706/2025 & CM APPL. 9707/2025 (exemption) in W.P.(C)

¶23

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 01/07/2025 at 23:38:58

¶24

2065/2025 CM APPL. 9710/2025 & CM APPL. 9711/2025 (exemption) in W.P.(C) 2066/2025 CM APPL. 9715/2025 & CM APPL. 9716/2025 (exemption) in W.P.(C) 2068/2025 CM APPL. 9720/2025 & CM APPL. 9721/2025 (exemption) in W.P.(C) 2071/2025

¶25

Allowed, subject to all just exceptions.

¶26

CM APPL. 9700/2025 (exemption from filing the complete trial court record) in W.P.(C) 2063/2025 CM APPL. 9704/2025 (exemption from filing the complete Trial court record) in W.P.(C) 2064/2025 CM APPL. 9708/2025 (exemption from filing the complete trial court record) in W.P.(C) 2065/2025 CM APPL. 9712/2025 (exemption from filing complete Trial Court Record) in W.P.(C) 2066/2025 CM APPL. 9717/2025 (exemption from filing complete trial court record) in W.P.(C) 2068/2025 CM APPL. 9722/2025 (exemption from filing complete trial court record) in W.P.(C) 2071/2025

¶27

The petitioners are directed to place on record the complete trial court record within two weeks. Accordingly, the application stands disposed of.

¶28

W.P.(C) 2063/2025 & CM APPL. 9697/2025 (stay) W.P.(C) 2064/2025 & CM APPL. 9701/2025 (stay) W.P.(C) 2065/2025 & CM APPL. 9705/2025 (stay) W.P.(C) 2066/2025 & CM APPL. 9709/2025 (stay) W.P.(C) 2068/2025 & CM APPL. 9714/2025 (stay) W.P.(C) 2071/2025 & CM APPL. 9719/2025 (stay)

¶29

Through these writ petitions, the petitioner management has assailed awards passed by the Deputy Labour Commissioner under the Delhi Shops and Establishments Act. It appears that the petitioner management participated in the proceedings and even filed written statement but thereafter did not lead any evidence to prove the defence set up by them. In

¶30

¶31

the present petitions, the failure to lead defence evidence has been explained, alleging default and misconduct on the part of the erstwhile counsel. But admittedly, till date no action has been taken against the erstwhile counsel.

¶32

In the above backdrop, after addressing partly learned counsel for petitioner on instructions of his clients seeks permission to withdraw these six petitions with liberty to approach the execution/recovery authority with the request to allow the payments of the awarded amounts in reasonable instalments.

¶33

Accordingly, these petitions and accompanying applications are dismissed as withdrawn with liberty as sought.

¶34

GIRISH KATHPALIA, J

¶35

FEBRUARY 18, 2025/ tp

¶36

Click here to check corrigendum, if any

¶37

Panaesha Capital Pvt. Ltd. through Sandeep Phogat & Anr. v. Danish Moin

Case brief

What is this about?

What did the court decide?

Panaesha Capital Pvt. Ltd. through Sandeep Phogat & Anr. v. Danish Moin

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ramesh Chand Vs Municipal Corporation of Delhi & Ors.

Staff Selection Commission & Anr. Vs Suman Siddh

Sukhvinder Singh Vs the Commissioner , MCD & Ors.

Karan Pal Singh Vs Municipal Corporation of Delhi and Ors.

Dr Mahabir Prasad Yadav Vs Lakshmibai College

Tata Consumer Products Limited Vs Food Safety and Standards Authority of India

Shri Raj Kumar Aggarwal & Ors. Vs North Delhi Municipal Corporation

Bk Khullar and Co. Vs Assistant Commissioner of Income Tax and Anr.

Arun Vs Hinduja Housing Finance Ltd.

Anil Singh Vs Union of India through Ministry of Labour and Employment and Ors.

Deepak Malhotra Vs the State (Nct of Delhi) and Anr.

Panaesha Capital Pvt. Ltd. through Sandeep Phogat & Anr. Vs Danish Azim Qureshi

Rohit Singh Vs Anil Kumar Poddar

Shri Lovekesh Pal Vs Shri Vijoy Kumar Rai