Idbi Bank Ltd v. Mrs X

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15429/2024 IDBI BANK LTD .....Petitioner Through:

Mr. Sidhartha Barua, Advocate.

versus MRS X .....Respondent Through:

Respondent in person.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 05.11.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 64737/2024 (exemption) 1.

Allowed, subject to all just exceptions.

W.P.(C) 15429/2024 & CM APPL. 64736/2024 (stay) 2.

The petitioner management has challenged order dated 21.09.2024 of the learned Industrial Tribunal whereby objection of the petitioner management related to territorial jurisdiction qua appeal filed by the present respondent under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was rejected and the appeal was posted for final arguments. The issue of territorial jurisdiction has been dealt with in paragraph 10-12 of the impugned order. Paragraph 17 of the impugned order records conduct of the present petitioner, keeping in mind the same, costs of Rs. 50,000/- was imposed on the petitioner through the impugned order. Out of the said amount of Rs. 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 06/11/2024 at 12:07:48

50,000/-, a sum of Rs. 25,000/- was to be paid to the present respondent and the balance was to be deposited with DLSA, Central, Tis Hazari Courts, Delhi.

3.

The respondent appearing on advance intimation accepts notice and informs that during pendency of her appeal, her services were terminated by the petitioner management. But for that, the respondent has to take resort to appropriate legal proceedings.

4.

After part arguments, learned counsel for petitioner on instructions undertakes to pay the costs to the respondent and deposit the costs with DLSA in the above mentioned manner within ten days. Further, learned counsel for petitioner on instructions seeks permission to withdraw this petition with liberty to file fresh petition after final culmination of the appeal, challenging the entire final order along with the challenge to the territorial jurisdiction.

5.

In above circumstances, the petition and the pending applications are dismissed as withdrawn with liberty as sought. However, it is made clear that if the costs are not paid and deposited by the petitioner within ten days, the liberty to file fresh petition shall cease to exist. GIRISH KATHPALIA, J NOVEMBER 5, 2024/ry Click here to check corrigendum, if any 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 06/11/2024 at 12:07:48