CM(M) 985/2023

1

$~12

* IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Judgment delivered on: 02.06.2023

+

CM(M) 985/2023 & CM APPLs. 31676-77/2023

M/S NNS ONLINE PVT LTD AND ORS

..... Petitioners

versus

CHANDRA PRAKASH PANDEY

..... Respondents

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

Advocates who appeared in this case:

For the Petitioner : Mr. Anish Aggarwal, Mr. Ankit Dubey and

Mr. Anil Kumar Maurya, Advocates

versus

For the Respondent : Respondent in person

CORAM:

^JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

3. In view of the aforesaid submission of learned counsel appearing

for the petitioners, this Court is of the opinion that the present petition

[ The proceeding has been conducted through Hybrid mode ]

1. After some arguments Mr. Aggarwal, learned counsel appearing

for the petitioners submits that petitioners would be agreeable to file an

affidavit of admission / denial of documents pertaining to the period

from 01.06.2009 to 31.12.2013.

2. Mr. Aggarwal also submits that a competent witness who can

depose in respect of aforesaid would also file his affidavit so as to

enable the respondent to cross examine the said witness.

Digitally Signed

By:VINOD KUMAR

Signing Date:02.06.2023

19:45:02

Signature Not Verified

CM(M) 985/2023

2

can be disposed of in the aforesaid statement.

4. The aforesaid documents are stated to have been already placed

on record of the learned Presiding Officer, Labour Court (Hereinafter

referred to as “POLC”). Competent witness will also file his evidence

by way of affidavit in support of the aforesaid documents. Respondent

shall be entitled to cross examine the said witness presented on behalf of

the petitioner. The witness shall also file along with affidavit of

examination in chief, the special power of attorney /power of attorney

executed by the competent authority of the petitioner.

5. In view of the aforesaid submission, the affidavit may be filed at

least four days before the next date of hearing before the learned POLC

with an advance copy to the respondent who appears in person.

6. Mr. Pandey is permitted to cross examine the said witness on

03.07.2023 or soon thereafter as convenient to learned POLC .

7. The impugned order to the extent that it is summoning Mr. Rajesh

Gupta shall stand set aside.

8. Notwithstanding the aforesaid directions, it goes without saying

that the petitioner management is entitled to place on record its list of

witnesses.

9. The petition is disposed of with no order as to costs.

10. Pending applications also stand disposed of.

TUSHAR RAO GEDELA, J .

JUNE 2, 2023/ms

Digitally Signed

By:VINOD KUMAR

Signing Date:02.06.2023

19:45:02

Signature Not Verified