Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10.01.2025 Ex No. 1550/23
Prem Lata vs. MCD
Present: Sh. Ayush Garg, Ld. Counsel for the DH.
Sh. Ankit Kaushal, Ld. Counsel for the JD.
The JD despite orders dated 05.07.2024 and 13.09.2024 have not filed any
counter calculation towards the interest as awarded to the DH under the order dated
13.12.2024 as passed by the Ld. Labour Court.
From the aforesaid, it is clear that the JD has not challenged the computation
of interest calculated by the DH to the tune of Rs. 6,05,258/- w.e.f 01.01.2016.
From the aforesaid, it is also clear that no counter computation of interest has
been furnished by the JD despite repeated opportunities.
Accordingly, the court is not left with any other alternative but to treat the
calculation of interest as furnished by the DH to be correct in terms of orders dated
13.09.2024 as passed by this court, accordingly issue warrants of attachment for an amount
of Rs 6,05,258/- against the bank account of the JD bearing no 41010068213, State Bank of
India, Chandni Chowk, Delhi-06 in respect of the awarded amount on filing of PF and
affidavit stating that the DH has not received any amount towards interest under the order dt
13.09.2024 and no appeal/writ petition is pending against the judgment from which the
present execution has arisen or if pending then the proceedings of the present execution has
not been stayed.
Perusal of the record shows that the bankers cheque dated 12.09.2024 bearing
no. 070568 for an amount of Rs. 12,74,228/- has not been collected by the DH and the same
has expired.
Accordingly, let the same be sent back to the concerned bank for the purposes
of its revalidation and in case the revalidated cheque is received by the court, let the same be
released to the DH against due acknowledgment and against furnishing of an undertaking to
the effect in case any extra amount has been received by the DH, the same shall be
refunded/recovered from the DH by the JD.
List on 04.04.2025.
Sachin Sood
DJ-01, Central, THC
Delhi
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