Delhi Jal Board v. Sanjay Makkar

Delhi HC16 Jul 2025LPA/435/2025

Case brief

AI extract

What is this about?

Keywords: LPA 435/2025; CM APPL. 41708/2025; CM APPL. 41709/2025; CM APPL. 41710/2025; W.P.(C) 9647/2024; Delhi Jal Board v. Sanjay Makkar; Industrial Award; conditional stay; deposit of awarded amount inclusive of interest; Demand Draft re-validation; maintainability of appeal against Single Judge's order; Municipal Corporation of Delhi v. Krishan Kumar & Ors., 2025:DHC:321-DB; High Court of Delhi; Navin Chawla; Renu Bhatnagar; decision dated 16.07.2025.

What did the court decide?

Appeal and pending application disposed of; time to deposit the entire awarded amount inclusive of interest with the Registry fixed at ten days, treating the Single Judge's period as extended and keeping the impugned Industrial Award stayed upon such deposit, with no further extension and liberty to the respondent to seek execution in default. ¶¶24

Delhi Jal Board Vs Sanjay Makkar — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether any ground exists to challenge the learned Single Judge's Order dated 12.12.2024 granting a conditional stay of the Industrial Award, and whether the appeal is maintainable. +1 more

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Court's answer

The Division Bench did not see any ground being made out to challenge the learned Single Judge's Order dated 12.12.2024, observing that the appeal may even not be maintainable in view of Municipal Corporation of Delhi v. Krishan Kumar & Ors., 2025:DHC:321-DB.

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Ratio / Principle

On the appellant depositing the entire awarded amount, inclusive of interest, with the Registry of this Court within a period of ten days, the time granted by the learned Single Judge by the Impugned Order shall be treated as having been extended.

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Key takeaways

Consequent to the extension of the deposit timeline, the impugned Industrial Award shall remain stayed.ratio¶¶22
No further extension shall be granted for the deposit; in case the amount is not deposited within time, the respondent shall be at liberty to seek execution of the Industrial Award impugned in the Writ Petition.ratio¶¶23

Detailed headnote1 paragraphs

LPA 435/2025, Delhi Jal Board v. Sanjay Makkar, decided 16.07.2025 by Navin Chawla and Renu Bhatnagar, JJ.: The Delhi Jal Board appealed against a learned Single Judge's Order dated 12.12.2024 in W.P.(C) 9647/2024, which had granted the appellant four weeks to deposit the entire awarded amount, inclusive of interest, with the Registry as a condition for staying an Industrial Award. The Division Bench saw no ground to challenge that Order, noting the appeal might not even be maintainable in view of Municipal Corporation of Delhi v. Krishan Kumar & Ors., 2025:DHC:321-DB. Accommodating an unintentional delay in obtaining the Demand Draft, the Bench directed that deposit of the full awarded amount inclusive of interest within ten days would extend the Single Judge's timeline and keep the impugned Award stayed, with no further extension and liberty to the respondent to seek execution on default. The appeal and the pending application were disposed of in these terms.

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$~119

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 16.07.2025

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LPA 435/2025 DELHI JAL BOARD .....Appellant Through: Ms.Sangeeta Bharti, Standing Counsel for DJB with Ms.Malvi Balyan, Adv.

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versus

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SANJAY MAKKAR .....Respondent Through: Mr.Jawahar Raja, Ms.Meghna De, Ms.Surbhi and Mr.Ritwik Raj, Advs.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE RENU BHATNAGAR

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NAVIN CHAWLA, J. (ORAL)

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CM APPL. 41709/2025 (Exemption)

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Allowed, subject to all just exceptions.

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CM APPL. 41710/2025

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This is an application seeking exemption from filing the complete record of the Writ Petition.

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For the reasons stated in the application, the same is allowed.

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The application is disposed of.

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LPA 435/2025 & CM APPL. 41708/2025

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This appeal has been filed by the appellant challenging the Order dated 12.12.2024 passed by the learned Single Judge of this Court in W.P.(C) 9647/2024, titled Delhi Jal Board v. Sanjay Makkar , whereby the learned Single Judge granted four weeks’ time to the appellant to deposit the entire awarded amount inclusive of

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Signature Not Verified Digitally Signed LPA 435/2025 By:REYMON VASHIST Signing Da te:2 2.07.2025 12:05:56

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interest with the Registry of this Court as a condition for grant of stay of the Industrial Award impugned in the petition.

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The learned counsel for the appellant submits that there was an unintentional delay in getting the Demand Draft and further prays for a direction to the Registry to take the re-validated Demand Draft in favour of the respondent on record.

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We do not see any ground being made out to challenge this Order. The same may even not be maintainable in view of the Judgment in Municipal Corporation of Delhi v. Krishan Kumar & Ors. , 2025:DHC:321-DB. However, keeping in view the facts and circumstances of the case, we direct that on the appellant depositing the entire awarded amount, inclusive of interest, with the Registry of this Court within a period of ten days from today, the time granted by the learned Single Judge by the Impugned Order shall be treated as having been extended and the impugned Award shall remain stayed.

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As we have extended the period for deposit, we make it clear that no further extension shall be granted for the same and in case the amount is not deposited within time, the respondent shall be at liberty to seek execution of the Industrial Award impugned in the Writ Petition.

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