Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 EX 1598/26
VINOD KUMAR Vs. MCD
25.07.2026
Present: Sh. Nikhil Sharma, Ld. Proxy counsel for Sh. R.K.
Pandit, Ld. counsel for the DH.
Sh. Devansh Gupta, Ld. counsel for the JD / MCD
(appearing through VC) alongwith Sh. Ashok Kumar,
ASO, DEMS, Shahdara, North.
At this stage, a reply-cum-calculation sheet filed on
behalf of the MCD. Copy supplied.
At this stage, an application is filed on behalf of the
judgment debtor/ MCD seeking extension of time for compliance of
the directions of this court. Copy supplied.
Ld. Proxy counsel for the DH opposed the said
application submitting that JD has not paid any amount whatsoever
towards the satisfaction of the decretal amount and having stated
thus, prays for issuance of warrants of attachment for sum of
Rs.3,05,635/- against the account of the judgment debtor.
However, at this stage, this court has brought to the
knowledge of the Ld. Proxy counsel for the decree holder of Section
11(10) of Industrial Dispute Act, 1947 which provides that Order or
Award of Ld. Labour Court or Tribunal court has to be transmitted to
the Civil Court having jurisdiction by the Ld. Labour Court or Ld.
Tribunal Court which passed the order or award before the same
could be executed as a decree of civil court as provided Section 11(9)
of Industrial Dispute Act, 1947. Further, evidently in the present case,
the execution has not been transmitted by by the Ld. Labour Court
which passed the order and in such circumstances, this court is of the
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prima facie view that the present execution which has been filed
directly before this court without having been transmitted by the ld.
Labour Court is not maintainable as such for want of compliance of
Section 11(10) of Industrial Dispute Act, 1947.
In response to observation of this court, Ld. Proxy
counsel for the the decree holder seeks pass over for appearance of
main counsel to address the said issue. Further, Ld. Counsel for the
MCD has also sought pass over to appear physically and make
submissions qua the same. In view of the same, let the matter be
passed over for 12:00 P.M.
(NEERAJ SHARMA)
District Judge-04, Central
Tis Hazari Courts, Delhi
25.07.2026
At 11:30 A.M.
Matter is being taken up at joint request of the parties.
Present: Sh. Nikhil Sharma, Ld. Proxy counsel for Sh. R.K.
Pandit, Ld. counsel for the DH.
Sh. Devansh Gupta, Ld. counsel for the JD / MCD
(appearing through VC).
At this stage, Ld. Proxy counsel for the DH seeks
adjournment submitting that main counsel is not available today due
to personal exigency. Ld. counsel for JD also seeks adjournment
submitting that some another date may be given for arguments on the
issue of maintainability.
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Heard.
At joint request, put up for arguments on maintainability
of present execution petition on 11.08.2026.
(NEERAJ SHARMA)
District Judge-04, Central
Tis Hazari Courts, Delhi
25.07.2026
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