M/S Desein Private Limited v. Government Of NCT Of Delhi & ANR.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14434/2022, CM APPL. 44047/2022, CM APPL. 49596/2022, CM APPL. 49663/2022, CM APPL. 71512/2025 and CM APPL. 81154/2025 M/S DESEIN PRIVATE LIMITED .....Petitioner Through: Mr.Prashant Mehta, Mr.Akhil G. and Mr.Raunak Gupta, Advocates versus GOVERNMENT OF NCT OF DELHI & ANR.

.....Respondents Through: Ms.Vaishali Gupta and Ms.Ishita Gupta, Advocates for respondent No.1 Mr.Kumar Deepraj, Mr.Vineet Kumar and Mr.Prateek Singh, Advocates for respondent No.2 with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 07.01.2026 1.

The present petition has been filed under Article 226/227 of the Constitution of India seeking setting aside of the impugned order dated 10.06.2022 passed by the Competent Authority under the Delhi Shops & Establishment Act, 1954.

2.

Learned counsel for the petitioner submits that the impugned order has been passed ex-parte. He submits that on a claim Petition filed by the respondent No.2, summons were never received by the present petitioner and that the claim Petition has been adjudicated without the appellant's response coming on the record.

3.

Learned counsel for respondent No.2 submits that a co-worker, namely Yogesh Sinha, had also preferred a claim Petition against the present 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 13/01/2026 at 13:26:43

appellant which too came to be disposed of vide and an ex-parte award. The said ex-parte award was assailed before this Court by way of W.P.(C) 13776/2022. A Co-ordinate Bench on 23.09.2022, while remanding back the matter for fresh consideration also directed the petitioner to deposit the entire award amount. However, as the petitioner had failed to deposit the amount within the stipulated time, the award in the said case attained finality.

4.

I have gone through the facts of the present case as well as the order dated 23.09.2022 passed by the Co-ordinate Bench in the aforesaid writ petition.

5.

Considering that the impugned order was passed ex-parte and looking into the grounds stated in the present petition, the impugned order is hereby set aside. The matter is remanded back to the Competent Authority subject to the petitioner depositing the entire award amount with the Registrar General of this Court within a period of four weeks from today as learned counsels submit that there is no mechanism available for depositing the award amount before the Competent Authority under the Delhi Shops & Establishment Act, 1954.

6.

The matter be listed before the Competent Authority on 16.02.2026 for directions at the first instance.

7.

In view of the above, the present petition is disposed of alongwith the pending applications.

MANOJ KUMAR OHRI, J JANUARY 7, 2026 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 13/01/2026 at 13:26:43