Delhi High Court
M/S United Gas Agencies vs Ram Shankar Pandey on 24 September, 2021
$~SB-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 24.09.2021
+ WP(C) 1520/2018
M/S. UNITED GAS AGENCY ..... Petitioner
Through: Mr. Pankaj Jaiswal, Advocate.
versus
RAM SHANKAR PANDEY ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
[Physical Court Hearing]
RAJIV SHAKDHER, J. (ORAL)
CM APPL. 30899/2021
1. This application is filed on behalf of the petitioner.
1.1. Mr. Pankaj Jaiswal, who appears on behalf of the petitioner, says that,
fresh affidavits have been filed, in terms of the order dated 10.09.2021.
2. Via the above-captioned application, modification is sought of the
order dated 08.02.2021 passed by this court, to the extent that, the name of
the petitioner/applicant given in the cause title be read as M/s United
Agencies, as against M/s United Gas Agency.
2.1 This prayer is sought, as the balance amount left with the Registry
[after a part of it was paid to the respondent/workman i.e., Mr. Ram Shankar
Pandey, pursuant to the direction of this Court], cannot be secured by the
petitioner, unless the aforesaid change is effected.
3. The record shows that, on 08.02.2021, orders were passed on a joint
application filed by the parties i.e., CM Appl. 4504/2021, in terms of the
Settlement Agreement ('SA') dated 14.01.2021 executed between them.
WP(C) 1520/2018 page 1 of 7
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:27.09.2021
15:55:03
3.1. The order passed on 08.02.2021 resulted in the writ petition [i.e.,
W.P.(C.) 1520/2018] being closed.
3.2. For the sake of convenience, the order dated 08.02.2021 is extracted
hereafter:
"CM APPL.No. 4504/2021
1. This is a joint application, moved by the parties, under Section
151 of the Code of Civil Procedure, 1908 [in short „CPC‟] for
placing on record the Settlement Agreement dated 14.01.2021 [in
short „SA‟], and for disposal of the writ petition in accordance
with the terms set forth in the SA.
1.1. The said application is accompanied by the affidavits of the
partner of the petitioner i.e. one Mr. Sunil Gupta, and of the
respondent i.e. Ram Shankar Pandey. The application bears the
signatures of the counsels for the parties.
1.2. The SA bears the signatures of the parties as well as their
respective counsels. As per the terms of the SA, the petitioner has
agreed to pay Rs.1,75,000/- to the respondent, out of the amount
deposited in this Court, towards full and final settlement of his
claims, which are the subject matter of the accompanying writ
petition.
1.3. The record shows that vide order dated 19.07.2019; the
petitioner was directed to deposit a sum of Rs. 2, 50,000/- with
the Registry of this Court. In this regard, I am informed that the
said amount has been deposited and the Registry has invested the
same in an interest-bearing fixed deposit account.
1.4. Accordingly, as prayed, the SA is taken on record. The
Registry is directed to release Rs. 1, 75,000/- in favour of the
respondent. The balance amount, along with interest accrued
thereon, will be released in favour of the petitioner.
2. Both, the petitioner and the respondent, will be at liberty to
have the banking instrument, drawn up by the Registry, in this
behalf, collected through their authorized representatives.
3. The application is disposed of in the aforesaid terms.
WP(C) 1520/2018
4. In view of the order passed in CM APPL. No. 4504/2021, the
writ petition, and the pending application(s) shall stand closed."
WP(C) 1520/2018 page 2 of 7
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:27.09.2021
15:55:03
3.3. It is because the registry did not release the balance amount along
with accrued interest, after Rs.1,75,000/-, out of Rs.2,50,000/- deposited
with the Registry of this court, were ordered to be paid to the
respondent/workman, that, the petitioner approached the court and filed an
application for modification of the order dated 08.02.2021.
3.4. The first application, for modification of the order dated 08.02.2021,
which came up before this court on 26.03.2021, was numbered as CM Appl.
11603/2021.
3.5. However, when the CM Appl. 11603/2021 was listed on 30.07.2021,
it was dismissed as withdrawn, as the said application was supported by an
affidavit filed by one Mr. Sunil Gupta, whereas the SA, on behalf of M/s
United Agencies, was arrived at, with the respondent/workman, through its
partners i.e., Mr. P. N. Seth and Mr. Sunil Kumar.
3.6. However, on that date i.e., 30.07.2021, the respondent/workman's
application i.e., CM Appl. 23164/2021 for advancing the date of hearing was
disposed of, with the direction to the Registry to release Rs.1,75,000/- along
with proportionate accrued interest to the respondent/workman, albeit, after
due verification. The Registry was, thus, directed to act in accordance with
the order dated 08.02.2021, insofar as the respondent/workman is concerned.
3.7. As regards the petitioner, the matter concerning the release of the
balance money, along with interest, was deferred, on 30.07.2021.
4. It is in this context that, the above-captioned application came to be
filed. This application came up for hearing for the first time, on 10.09.2021.
On that date, the following was recorded by me:
"CM No.30899/2021
1. This is an application filed on behalf of the petitioner seeking
modification in the order dated 08.02.2021, pursuant to the
WP(C) 1520/2018 page 3 of 7
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:27.09.2021
15:55:03
observations made in paragraph 1 of the order dated 30.7.2021.
2. Although, this application is accompanied by an affidavit of one,
Mr. Sunil Kumar, who claims to be a partner in M/s United Gas
Agency, as noticed on 30.07.2021, the Settlement Agreement dated
14.1.2021 (in short 'SA') was executed between the
respondent/workman, and an entity, known as M/s United Agencies
its partners Mr. P.N. Seth and Mr. Sunil Kumar.
3. Mr. Pankaj Jaiswal, who appears on behalf of the
applicant/petitioner i.e., M/s United Gas Agency, says that, the
award dated 13.09.2017, which was assailed via the above-
captioned writ petition, was based on the claim lodged by the
respondent, before the concerned forum, wherein, erroneously, the
name of the partnership firm was set forth as M/s United Gas
Agency.
3.1 It is Mr. Jaiswal's contention that, because of the partnership
firm being described, incorrectly, the writ petition had to be filed in
the same name. The fact that, this objection was taken by the
petitioner i.e., the management before the concerned forum, which
passed the award dated 13.09.2017, is sought to be demonstrated
by referring to paragraph 4 of the written statement filed on its
behalf. Paragraph 4 of the written statement reads, as follows:
"4. That management has [been] running the present firm in the
name and style of M/s United Agencies at 3580 & 3583, Netaji
Subhash Marg, Delhi - 110002 since last 50 years and workman
has not mentioned the correct name of firm which shows the falsity
of claim filed by the workman."
3.2. Mr. Jaiswal, in this regard, has also drawn my attention to
paragraph 3 of the award dated 13.09.2017, which reflects the
same position. For the sake of convenience, paragraph 3 of the
award is extracted hereafter:
"3. Written statement is to the effect that it was running the present
firm in the name and style of M/s. United Agencies at 3580 & 3583,
Netaji Subhash Marg, Delhl-02 for last 50 years. The claimant has
not mentioned the correct name of management. He was working
with M/s. VSD Contractors at C-397, Gali No.3, Sonia Vihar,
Delhi-94. His ESI and PF number belong to M/s.VSD Contractors.
So, there was no employer and employee relationship between it
and claimant."
WP(C) 1520/2018 page 4 of 7
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:27.09.2021
15:55:03
3.3. Mr. Jaiswal says that, Mr. P.N. Seth has joined the proceedings
today.
4. Given the foregoing circumstances, Mr. Jaiswal will file
affidavit(s) of both, Mr. Sunil Kumar and Mr. P.N. Seth, which will,
inter alia, indicate (as is sought to be portrayed before me) that the
money towards the settlement [in pursuance of the SA] was
deposited by them as partners of M/s United Agencies.
4.1. The affidavit(s) of the aforementioned persons will also
indicate as to, which of the two, would be entitled to receive the
money.
4.2. Along with the affidavits, Mr. Jaiswal will place on record,
documents, concerning identity of Mr. Sunil Kumar and Mr. P.N.
Seth.
4.3. The aforementioned affidavits will be filed by Mr. Jaiswal,
prior to the next date of hearing.
5. List the matter on 17.09.2021.
6. It is pertinent to note, Mr. Ajit Singh, who appears on behalf of
the respondent/workman, has affirmed that, pursuant to the orders
dated 30.07.2021 and 08.02.2021, the respondent/workman has
received the money from the Registry as directed by the Court."
4.1. It would be relevant to note that, as noticed in the proceedings held on
10.09.2021, the prayer made for the modification is sought, as the mistake in
the petitioner's name appears to have crept in, when, the
respondent/workman, while filing his action before the concerned forum,
described the petitioner as M/s. United Gas Agency, and not as M/s. United
Agencies. This objection had been taken by the petitioner in the written
statement, which was reflected not only in paragraph 4 of the written
statement but also in paragraph 3 of the award dated 13.09.2017.
4.2. It is in these circumstances that, when the petitioner moved this Court,
being aggrieved by the aforementioned award, by way of the writ petition
i.e., W.P.(C.) 1520/2018, that the same came to be filed in the name of M/s
United Gas Agency, as noted in the award dated 13.09.2017.
WP(C) 1520/2018 page 5 of 7
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:27.09.2021
15:55:03
4.3. Thereafter, the matter came up for hearing on 17.09.2021. On that
date, no order could be passed in the above-captioned application, as the
affidavits and the annexures filed, pursuant to order dated 10.09.021, were
incomplete.
4.4. It is in this backdrop that the matter has been taken up for hearing
today.
5. The record shows, as indicated above, that, fresh affidavits have been
filed by Mr. Sunil Kumar s/o Late Mr. Rampal Gupta and Mr. P. N. Seth.
5.1. In brief, both have stated that Rs.2,50,000/- was deposited by M/s.
United Agencies with the Registry of this court.
5.2. A copy of the partnership deed concerning M/s. United Agencies,
dated 26.04.2017, has also been placed on record.
5.3. A perusal of the aforementioned partnership deed shows that, Mr. P.
N. Seth and Mr. Sunil Gupta s/o Late Mr. Rampal Gupta were partners in
M/s United Agencies.
5.4. As noticed above, the SA was executed between the
respondent/workman i.e., Mr. Ram Shankar Pandey and M/s. United
Agencies, through its partners i.e., Mr. P. N. Seth and Mr. Sunil Kumar.
5.5. Mr. Sunil Kumar, in his affidavit, has indicated that, he is also known
as Mr. Sunil Gupta; there appears to be merit in his contention, as the
Aadhaar card placed on record shows that, Mr. Sunil Gupta is the son of Mr
Rampal Gupta.
5.5(a). Furthermore, more importantly, Mr. P. N. Seth, the other
partner of M/s. United Agencies has also made the same averments. Thus, if
one were to apply the test of preponderance of probability, one would have
to accept the stand, at least at this juncture, that Sunil Kumar and Sunil
WP(C) 1520/2018 page 6 of 7
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:27.09.2021
15:55:03
Gupta are one and the same person.
5.6. Besides this, it is also asserted that, the demand draft amounting to
Rs.2,50,000/-, which was drawn in the favour of the Registrar General of
this court, was dated 16.08.2019, was debited to the current account of M/s.
United Agencies, maintained with Yes Bank. A photocopy of the said
demand draft has also been placed on record.
6. Given the aforesaid circumstances and having examined the record, I
am inclined to modify the order dated 08.02.2021 to the extent, that the
petitioner, as shown in the cause title i.e., M/s. United Gas Agency, will read
as M/s. United Agencies.
6.1. Therefore, the reference in paragraph 1.4 of the order dated
08.02.2021 will relate to M/s. United Agencies.
6.2. The Registry will accordingly release the balance amount, along with
accrued interest, in favour of M/s. United Agencies.
7. The above-captioned application is disposed of in the aforesaid terms.
The case papers shall stand consigned to the record.
RAJIV SHAKDHER, J
SEPTEMBER 24, 2021
tr
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WP(C) 1520/2018 page 7 of 7
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:27.09.2021
15:55:03
