Dismissed¶8

Hpseb Ltd. v. Ms Winsome Textile Industries

Himachal Pradesh HC11 Aug 2025CWP/193/2013

Case brief

AI extract

What is this about?

HPSEB Ltd. writ petition dismissed; belated challenge (one year and nine months; filed 24.12.2012) to forum order dated 31.03.2011 (Annexure P-5) recasting electricity bills for consumption periods 27.11.2006-27.12.2006 and 27.12.2006-01.02.2007; peak load exemption 4688 KVA; 70% restriction from 16.01.2007; compliance pursuant to Annexure R-4; ombudsman order dated 09.11.2011; no perversity; reasoned and speaking order; forum of experts; judicial review declined; delay unexplained; CWP No. 193 of 2013; Justice Ajay Mohan Goel; High Court of Himachal Pradesh at Shimla; decided 11 August 2025.

What did the court decide?

No satisfactory explanation was offered by the Board for the delay of one year and nine months in filing the writ petition, and the petition itself discloses no reason for assailing the forum's order belatedly. ¶5

Hpseb Ltd. Vs Ms Winsome Textile Industries — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the delay of one year and nine months in filing the writ petition assailing the forum's order dated 31.03.2011 is justified. +1 more

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Court's answer

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Ratio / Principle

Since the forum's order dated 31.03.2011 had been complied with pursuant to Annexure R-4, along with the ombudsman's order dated 09.11.2011, and the writ petition was belatedly filed after one year and nine months, the Court saw no reason to interfere with the order passed 14 years ago.

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Key takeaways

Learned Senior Counsel could not point out any perversity in the forum's order, which is a reasoned and speaking order passed after considering the respective contentions of the parties; being a forum comprising experts, there was no occasion for this Court, in exercise of its power of judicial review, to interfere with the said order.ratio¶7

Detailed headnote1 paragraphs

Writ petition (CWP No. 193 of 2013) filed by Himachal Pradesh State Electricity Board Ltd. and others challenging a forum order dated 31.03.2011 (Annexure P-5), whereby the respondents' complaint was disposed of by directing overhauling of the account and recasting of electricity bills for the consumption periods 27.11.2006 to 27.12.2006 and 27.12.2006 to 01.02.2007 with specified peak load exemption allowances, was dismissed. The writ was filed on 24.12.2012, after one year and nine months, with no satisfactory explanation for the delay and no reason stated in the petition; the forum's order had already been complied with pursuant to Annexure R-4, and the Court also took into account the ombudsman's order dated 09.11.2011. Finding the impugned order to be a reasoned and speaking order passed by a forum comprising experts, with no perversity demonstrated, the Court held there was no occasion to interfere in exercise of its power of judicial review and dismissed the petition, disposing of pending miscellaneous applications, if any.

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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CWP No. 193 of 2013 Decided on 11^st August 2025

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Himachal Pradesh State Electricity Board Ltd. and others

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…Petitioners Versus

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M/s Winsome Textile Industries Ltd. and another …Respondents

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge

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1Whether approved for reporting?

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For the petitioners: Ms. Sunita Sharma, Senior Advocate, with Ms. Sugandh Verma, Advocate.

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For the respondents: Mr. Rahul Mahajan, Advocate.

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Ajay Mohan Goel, Judge (Oral )

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By way of this writ petition, the petitioners have

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prayed for the following relief:-

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“That the impugned order dated 31.03.2011 (Annexure P-5) may kindly be quashed and set aside.”

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The petitioner-Board has challenged order dated 31.03.2011 (Annexure P-5), in terms whereof, the complaint

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filed by the respondents herein was disposed of by the forum in

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the following terms:-

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“The respondents could not provide the proof of service of notice of letter No.13689-71 dated 05.12.2006. Therefore, it is ordered that the account of the complainant be overhauled by recasting the bill for the consumption period 27.11.2006 to 27.12.2006 and 27.12.2006 to 01.02.2007 in the following manner:-

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Bill No. and date	Billing Period	PLE allowe	d	Remarks
Nil dt. _08.01.2007 _	22.11.2006 to 27.12.2006	4688 K	VA	For full cycle no restriction to be considered
Nil dt. 12.02.2007	27.12.2006 to 15.01.2007	4688 K	VA	No restriction to be considered as the consumer came to know about _restriction on 16.01.2007 only. _
Nil dt.	16.01.2007 to	30%	of	Restriction of 70% to be
12.02.2007	01.02.2007	4688 i.e. KVA	KVA 1406	considered from 16.01.2007 to the date of lifting it.

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Peak load exemption charges are also to be levied as per the tariff applicable on the above basis of PLE allowed. Credit on account of over hauling of the account of the complaint (if any) be given within one month from today.

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These orders be implemented within one month from today. The compliance be reported to the Forum within 7 days of the implementation of order. A copy of the order be supplied to both the parties as well as their Ld. Counsels. Interim orders passed by the forum from time to time shall be vacated.

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With this the complaint stands disposed of. Order in favour of complainant.”

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I have heard learned Senior Counsel for the

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petitioners as also learned counsel for the respondents.

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First of all, it is relevant to mention that the impugned order was passed by the forum on 31.03.2011 and

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the writ petition was filed assailing the same before this Court on 24.12.2012 i.e., after one year and nine months.

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On a query put to the learned Senior Counsel as to how the Board justify the delay in filing the writ, no satisfactory answer was given.

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Not only this, a perusal of the petition also demonstrates that there is no reason given therein as to why the order passed by the forum was assailed by the Board belatedly. Not only this, the Court also stands informed that the order has otherwise being complied with as is also evident from Annexure R-4 appended with the petition much before this writ petition was filed.

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Taking into consideration the fact that the order passed by the forum dated 31.03.2011 was also complied with by the petitioners herein pursuant to Annexure R-4, order of the ombudsman dated 09.11.2011 and this writ petition was belatedly filed assailing the earlier order passed by the forum in the month of March, 2011 after one year and nine months, at this stage, this Court sees no reason to interfere with the order which was passed 14 years ago. Further, otherwise also, during

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the course of the hearing of the case, learned Senior Counsel could not point out the perversity in the order which is a reasoned and a speaking order and has been passed by the forum after taking into consideration the respective contentions of the parties and otherwise also being a forum comprising of experts, this Court is of the considered view that in exercise of its power of judicial review, there is no occasion for this Court to interfere with the said order as no perversity on the face of it could be demonstrated by the petitioner.

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In the light of above observations, this petition is

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dismissed. Pending miscellaneous applications, if any, also stand disposed of.

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(Ajay Mohan Goel) Judge

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August 11, 2025 (Vinod)

Hpseb Ltd. v. Ms Winsome Textile Industries

Case brief

What is this about?

What did the court decide?

Hpseb Ltd. v. Ms Winsome Textile Industries

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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