CAPTAIN PRIYANK BASANWAL v. VIKRAM DEV DUTT & ANR.
CONT.CAS(C)/142/2022 · 2026-09-02
Mini Pushkarna
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 17397 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17397 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~23 & 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI %
Date of Decision: 02nd September, 2026 # CNR No. DLHC010521502022 + CONT.CAS(C) 113/2022
CAPTAIN MOHIT
.....Petitioner Through: Mr. Abhinav Tyagi, Advocate (through VC)
versus
VIKRAM DEV DUTT & ANR.
.....Respondents Through: Mr. Avishkar Singhvi, Mr. Amit Mishra, Mr. Azeem Samuel, Ms. Mitakshara Goyal, Mr. Vaibhav, Mr. Shivam Goel, Mr. Mujeeb Ur. Rehman and Ms. Shrijeta Pratik, Advocates 24
# CNR No. DLHC010054142022 + CONT.CAS(C) 142/2022
CAPTAIN PRIYANK BASANWAL
.....Petitioner Through: Mr. Abhinav Tyagi, Advocate (through VC)
versus
VIKRAM DEV DUTT & ANR.
.....Respondents Through: Mr. Avishkar Singhvi, Mr. Amit Mishra, Mr. Azeem Samuel, Ms. Mitakshara Goyal, Mr. Vaibhav, Mr. Shivam Goel, Mr. Mujeeb Ur. Rehman and Ms. Shrijeta Pratik, Advocates Digitally Signed By:HARIOM SHARMA Signing Date:06.09.2026 16:18:56 Signature Not Verified
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (ORAL):
1. The present petitions have been filed alleging wilful disobedience of the judgments dated 28th May, 2021, and 31st May, 2021, passed by this Court in W.P.(C) 5430/2020, and W.P.(C) 5439/2020, respectively.
2.
Learned counsel appearing for the respondents draws the attention of this Court to the aforesaid judgment dated 28th May, 2021, passed in W.P. (C) 5430/2020, which reads as under:
“
Digitally Signed By:HARIOM SHARMA Signing Date:06.09.2026 16:18:56 Signature Not Verified
”
3. Similarly, learned counsel for the respondents further draws the attention of this Court to the judgment 31st May, 2021, passed in W.P. (C) 5439/2020, which reads as under:
“xxx xxx xxx Digitally Signed By:HARIOM SHARMA Signing Date:06.09.2026 16:18:56 Signature Not Verified
Digitally Signed By:HARIOM SHARMA Signing Date:06.09.2026 16:18:56 Signature Not Verified
”
4. Perusal of the aforesaid judgments shows that the writ petitions were withdrawn by the respective petitioners and there was not adjudication on merits on the amounts payable to the petitioners which was claimed by them.
5. There were directions to the respondents to release the statutory dues, arrears of salary, or any other outstanding claims, if any, towards the petitioners, in accordance with law. Accordingly, it is clear that there were no specific directions for any specific amounts to be paid to the petitioners under any particular head, except general directions regarding payment of their dues, if any. Thus, it is evident that discretion was left with the respondents herein to calculate the dues payable to the petitioners, if any, as per their consideration.
6. This Court notes the submission made by learned counsel appearing for the respondents that the statutory dues, as calculated by the respondents, have already been released to the petitioners.
7. Attention of this Court has been drawn to the order dated 16th February, 2022, passed in CONT.CAS(C) 113/2022, which reads as under:
“xxx xxx xxx Digitally Signed By:HARIOM SHARMA Signing Date:06.09.2026 16:18:56 Signature Not Verified
”
8. The aforesaid order categorically records the fact of payment of statutory dues to the petitioner.
9.
Learned counsel appearing for the respondents submits that the statutory dues have been paid to the petitioners in both the matters.
10. Attention of this Court has been drawn to the Compliance Affidavit dated 11th January, 2023, filed on behalf of the respondents, wherein, it has been stated as follows:
“xxx xxx xxx
xxx xxx xxx” Digitally Signed By:HARIOM SHARMA Signing Date:06.09.2026 16:18:56 Signature Not Verified
11. Perusal of the aforesaid Compliance Affidavit shows that, in CONT.CAS(C) 142/2022, amount towards the Provident Fund (“PF”) dues as well as the outstanding dues towards the Bank Guarantee, have been released to the petitioner therein.
12. At this stage, learned counsel appearing for the petitioners submits that no Compliance Affidavit has been filed by the respondents as regards the arrears of salary and other claims of the petitioners.
13. However, it is to be noted that since both the writ petitions were dismissed as withdrawn, and there was no adjudication on the dues payable by the respondents to the respective petitioners as per the pleas raised by them, no contempt proceedings can be continued against the respondents.
14. The petitioners, however, are at liberty to seek their remedies in accordance with law to seek any dues, which according to them are due and payable to them by the respondents.
15. Accordingly, noting the aforesaid, the present petitions are disposed of.
MINI PUSHKARNA, J SEPTEMBER 2, 2026/ak By:HARIOM SHARMA Signing Date:06.09.2026 16:18:56