% 16.04.2024 CM APPL. 19329/2024 (Stay)

1. The instant application has been filed under Section 151 of the Code of Civil Procedure, 1908 seeking stay on the execution of the impugned order dated 22nd September, 2022.

2. Learned counsel appearing on behalf of the petitioner submitted that vide the impugned order, the learned Authority under the Delhi Shops & Establishment Act, 1954 (West District) had passed the direction to deposit a sum of Rs. 1,23,000/- in the name of the respondent no. 2 namely Sh. Ram Dulare, i.e., the claimant before the learned Authority.

3. It is submitted that the above said order is bad in law since the learned Authority failed to appreciate that the petitioner is neither the Director of the Company where the respondent no. 2 has alleged to be working, rather, the petitioner is merely a shareholder. It is further submitted that since the impugned order has been passed without appreciating the entire facts and circumstances, the same is liable to be set aside.

4. It is submitted that since the petitioner is not the Director of the company namely M/s Race Restaurant, therefore, he cannot be held liable to pay the amount to the respondent no. 2 as