M/S R.K. Associates And Hoteliers Pvt. Ltd. v. Ramakant Pant

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6787/2025 and CM APPL. 30768/2025 M/S R.K. ASSOCIATES AND HOTELIERS PVT. LTD.

.....Petitioner Through: Dr.Amit George, Mr.Nitesh Mehra, Ms.Ananya Sikri and Mr.Dushyant K. Kaul, Advocates versus RAMAKANT PANT .....Respondent Through: Mr.Bhuvan Mishra, Advocate with Mr.Yash Maheshwari, Mr.Tanmay Mishra and Mr.Krishna Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 27.05.2025 1.

By way of present petition, the petitioner seeks to assail the order dated 05.03.2025 passed by the Labour Court-07, Rouse Avenue Court, New Delhi in LIR 3135 of 2019 titled 'Ramakant Pant v. M/s R.K. Associates & Hoteliers Pvt. Ltd.' vide which the opportunity to cross examine the respondent workman (WW1) was closed. 2.

Learned counsel for the petitioner submits that on the first occasion, after the evidence by way of affidavit on behalf of the workman was handed over to the learned counsel for the petitioner, the workman could not be cross examined due to time constraints. He further submits that subsequently 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 22:17:35

on account of medical ailment of the learned counsel, the cross-examination could not be done. In the meantime, the parties were referred to the mediation, which, however, was not successful. He submits that in the interest of justice, one opportunity may be granted to the petitioner to crossexamine the workman as otherwise would be detrimental to the interest of the petitioner.

3.

Learned counsel for the respondent opposes the prayer made in the present petition and submits that as many as 8 adjournments were taken by the petitioner to cross-examine and despite grant of last opportunity for the said purpose the petitioner failed to cross-examine the respondent. It is further submitted that the conduct of the petitioner has unnecessarily delayed the proceedings before the court.

At this stage, it is informed that the matter is listed before the concerned court on 29.05.2025.

4.

Considering that the matter is listed before the concerned Court on 29.05.2025, this Court deems it apposite to allow the present petition to meet the ends of justice, subject to payment of cost of Rs.25,000/- to the respondent. However, the court would grant only one last opportunity to the petitioner to cross-examine the respondent subject to payment of the aforesaid cost. In case, the petitioner fails, its right to cross-examine shall be closed.

5.

In view of the above, the present petition is disposed of. MANOJ KUMAR OHRI, J MAY 27, 2025 na 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 22:17:35