Captain Priyank Basanwal vs Air India Limited
2021 Latest Caselaw 1593 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Date of decision: 31st May, 2021

+      W.P.(C) 5439/2020
       CAPTAIN PRIYANK BASANWAL             ..... Petitioner
                        Through: Mr. Keshav Sehgal,
                                 Mr. Gaurav H. Sethi and
                                 Mr. Abhinav Tyagi, Advocates.
                        Versus

       AIR INDIA LIMITED                           ..... Respondent
                      Through:          Ms. Akanksha Das, Advocate.

       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

Hearing has been conducted through video conferencing. CM APPL. 17672/2021 (Exemption) Allowed, subject to all just exceptions. Application is disposed of.

CM APPL. 17671/2021 (seeking permission to withdraw the writ petition)

1. This is an application filed by the Petitioner seeking to withdraw the present writ petition subject to directions to the Respondent to release the statutory dues along with arrears of salary and other emoluments / claims, if any.

2. Issue notice. Ms. Akanksha Das, Advocate accepts notice on behalf of Respondent.

3. Ms. Akanksha Das, learned Counsel appearing for the Respondent does not oppose the withdrawal of the writ petition. She, however, submits that, at this stage, she does not have any instructions on the amount, if any, outstanding towards the Petitioner, on account of statutory dues, arrears of salary etc.

4. Having heard learned counsel for the Petitioner and learned Counsel for the Respondent, I am of the view that the application deserves to be allowed. Accordingly, the Petitioner is permitted to withdraw the present writ petition.

5. Respondent is directed to release the statutory dues, arrears of salary or any other claims outstanding towards the Petitioner, if any, in accordance with law. The exercise shall be carried out and completed within a period of 6 weeks from today.

6. With respect to statutory dues, the same shall be released within a period of 6 weeks from the date of necessary compliances of the requisite formalities / modalities by the Petitioner. Respondent shall intimate to the Petitioner the various formalities that are required to be completed at his end.

7. Petitioner seeks liberty to resort to appropriate remedies qua the invocation and encashment of Bank Guarantee. It is open to the Petitioner to take recourse to appropriate remedies available to him, in accordance with law.

8. Application is disposed of.

W.P.(C) 5439/2020 In view of the order passed in the application being CM No. 17671/2021, writ petition along with pending applications is disposed of as withdrawn.

JYOTI SINGH, J MAY 31, 2021/rk