Naveen Yadav Alias Prince v. Arvind Rana

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 7th January, 2025 + CONT.CAS(C) 1158/2023 NAVEEN YADAV ALIAS PRINCE .....Petitioner Through:

Mr. F.K. Jha and Mr. Gaurav Jha, Advocates.

versus ARVIND RANA .....Respondent Through:

Mr. Ripin Sood, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.

Petitioner seeks initiation of contempt proceedings against the concerned Sub Divisional Magistrate (SDM) for wilful disobedience of order dated 06.01.2023 passed by Coordinate Bench of this Court in W.P.(C) 157/2023. 2.

As per the averments made by the petitioner herein, order dated 26.04.2018 passed by Commissioner, Employee's Compensation, District North has attained finality whereby the employer i.e. Mr. Ravinder has to make payment of compensation to the petitioner.

3.

Obviously, it is for the above said employer to deposit the amount along with interest so that such amount is, eventually, disbursed to the petitioner herein. 4.

The petitioner had filed the above said writ petition with the grievance that concerned SDM/Commissioner was not taking any step for enforcement of such order dated 26.04.2018.

5.

When the above said writ petition was disposed, it was directed that respondent No.1 shall ensure that the petitioner's pending enforcement application are listed for passing appropriate orders within four weeks from that day and steps are taken as per law to ensure that the order dated 26.04.2018 is implemented, at the earliest.

CONT.CAS(C) 1158/2023 1 By:SONIA THAPLIYAL 11:22:58

6.

Learned counsel for respondent submits that there is no delay on the part of the respondent and since the concerned employer has absconded, arrest warrants have been issued against him.

7.

Learned counsel for the respondent also submits that if petitioner has any additional address of the above said employer and can assist the concerned arresting officer in getting him arrested, it would be ensured that such warrants are got executed, without any further delay.

8.

Learned counsel for the petitioner submits that he would move application in this regard within seven days before the respondent herein for ensuring the same. 9.

In view of the above, the present petition is disposed of with liberty to petitioner to move appropriate application before the respondent within seven days. 10.

Needless to say, immediately after receiving such application, the respondent shall take further steps for the purposes of ensuring arrest/appearance of the employer for the purposes of implementing the above said order. 11.

It is expected that the respondent shall keep track of the matter and dispose of such application in accordance with law, within six weeks of moving the above said application.

12.

The petition stands disposed of accordingly.

13.

All the rights and contentions of the parties are reserved. 14.

The petitioner is at liberty to approach this Court again, if situation so arises. (MANOJ JAIN) JUDGE JANUARY 7, 2025/ss CONT.CAS(C) 1158/2023 2 By:SONIA THAPLIYAL 11:22:58