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High Court of DelhiCONT.CAS(C)/1978/2025

Harender & ORS v. Union Of India And ORS

2025-12-23Hon'Ble Mr. Justice Amit Sharma3 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1978/2025 HARENDER & ORS .....Petitioners Through:

Mr. Manoj Godara, Advocate.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Akash Chatterjee, SPC with Mr. .

Vivek Kumar Pandey, GP for UOI/R1.

Mr. Sanjay Kumar Pathak, SC with Ms. K.K. Kiran Pathak, Mr.

Sunil Kumar Jha and Mr. Mohd. Sueb Akhtar, Advocates for R-2 and R-3.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 23.12.2025 1.

This hearing has been done through hybrid mode. CM APPL. 81943/2025 (Exemption) 2.

Allowed, subject to all just exceptions. The application is disposed of. CONT.CAS(C) 1978/2025 3.

The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India seeks the following prayers:

"a) Initiate civil contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act, against the Respondents/Alleged Contemnors as may be found responsible, for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their wilful, deliberate and contumacious disobedience of the order dated 19.11.2025 passed by this Hon'ble Court in W.P.(C) No. 17094/2025;

b) Hold the Respondents/Alleged Contemnors guilty of civil contempt and impose appropriate punishment in accordance with law;

d) Direct immediate and forthwith compliance of the order dated 19.11.2025 by appointing or nominating an Arbitrator under Section 20F(6) of the Railways Act, 1989 and by initiating arbitration proceedings in respect of the Petitioners' compensation dispute arising out of Award No. 02/2024/SW dated 18.11.2024; e) Direct filing of a personal compliance affidavit by the Secretary, Ministry of Railways, or the authorised officer concerned, within a time frame as may be fixed by this Hon'ble Court;

f) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the and proper in the facts and circumstances of the present case and in the interest of justice." 4.

Vide order dated 19.11.2025 in W.P.(C) 17094/2025, the learned Single Judge of this Court passed the following orders: "4. Since the Competent Authority of the respondents has failed to take any steps to appoint or nominate an Arbitrator, the present writ petition has been filed, with a prayer to direct the respondents to decide the petitioners' application dated 18th August, 2025. 5.

Today, learned counsel appearing for the respondentRailways submits that the application of the petitioners dated 18th August, 2025 shall be decided expeditiously, and the matter shall be referred to arbitration.

6.

Accordingly, let the final decision in the application of the petitioners be taken by the respondents, expeditiously, preferably within a period of two weeks, from today."

5.

Learned counsel for respondent no. 1 on advance notice submits that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the necessary decision on the application will be taken by the end of January, 2026.

6.

The statement is taken on record.

7.

The petition is disposed of with the direction that the order dated 19.11.2025 be complied with by 31.01.2026. In case the same is not complied with, the petitioner is at liberty to revive the present petition. 8.

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J DECEMBER 23, 2025/bsr/ah The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.