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2025 DAILYLAW 14933 (DEL)

MIS COFE IMPEX PRIVATE LIMITED & ORS. v. SH. KISHAN PAL H/O SMT. ASHA (DECEASED) & ORS.

W.P.(C)/6478/2023 · 2025-09-23

Amit Sharma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6478/2023& CM APPL. 38607/2023, 29007/2024 MIS COFE IMPEX PRIVATE LIMITED & ORS. .....Petitioners Through: Mr. Prashant Mehta, Mr.Varun Gupta, Ms. Simran Wason and Ms. Richa Mishra, Advocates. versus SH. KISHAN PAL H/O SMT. ASHA (DECEASED) & ORS. .....Respondents Through: Mr. Jatinder Kamra, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 23.09.2025 1. This hearing has been done through hybrid mode. 2. The present petition under Articles 226/227 of the Constitution of India seeks following prayers:- “a) Issue a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction setting aside the Impugned Order dated 04.08.2022 passed by Labour Department, GNCT of Delhi, West District; and/or b) Issue a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction setting aside/ stay on warrant of arrest dated 12.04.2023 passed by S.D.M. (Saraswati Vihar), Rampura. Delhi; and/or c) Issue a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction to remand the matter back to the Learned Authority for a fresh determination on facts and law; and/or d) Issue a Writ in the nature of prohibition and/or any other appropriate Writ, Order or direction calling upon the Respondent to cease and desist from giving effect to and/or acting upon the aforesaid Impugned Order dated 04.08.2022. e) Allow the Writ Petition and pass any such other and further Orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 3. The impugned order dated 04.08.2022 passed by learned This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2025 at 11:53:07 Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi has been challenged on the ground of violation of principle of natural justice. It is the submission of learned counsel for the petitioner that the impugned order was passed without supplying any documents to the petitioner despite seeking the same. 4. Learned counsel appearing on behalf of the respondents refutes the aforesaid. 5. Be that as it may, with the consent of the parties, the impugned order dated 04.08.2022 passed by learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi is set aside and the matter is remanded back before the learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi for fresh determination of the claims filed on behalf of respondent no.1 after giving due opportunity to the petitioners in accordance with law. 6. The parties are directed to appear before the learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi on 27.10.2025 at 11:00 AM. 7. With the aforesaid directions, the present petition is disposed of. 8. Pending application(s), if any, also stand disposed of. 9. Copy of the order be sent to the concerned learned Commissioner, under Employees Compensation Act, 1923, Labour Department, GNCTD, West District, Delhi for necessary information and compliance. AMIT SHARMA, J SEPTEMBER 23, 2025/sn/yg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/09/2025 at 11:53:07