The High Court of Punjab and Haryana dismissed an appeal as premature. The court held that the grievance was premature since the Single Judge had rejected a stay application ex parte before hearing respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
LPA No. 833 of 2010
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No. 833 of 2010
Date of Decision: August 05, 2010
M/s Malibu Estates Pvt. Ltd.
...... Appellant
Versus
Secretary, Haryana Electricity Regulatory Commission and others
...... Respondents
Coram: Hon'ble Mr. Justice Mukul Mudgal, Chief Justice Hon'ble Mr. Justice Ajay Tewari
Present: Ms.Madhu Tewatia, Advocate for the appellant.
Mukul Mudgal, CJ(Oral):
This appeal challenges the order dated 28.06.2010 passed by
learned Single Judge which reads as follows:-
“CM No. 5277-78 of 2010
The prayer to stay operation of the impugned order dated 22.10.2009 is declined.
CM to that extent stands dismissed. However, the petitioner's prayer that supply of electricity should be subject to timely payment of bills, shall be considered at an appropriate stage.
LPA No. 833 of 2010
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CM No. 6886-87 of 2010 and CWP No. 6825 of 2010
Notice of motion for 20.07.2010.
Dasti only.”
It is evident that the grievance raised by the appellant in this appeal is pre-mature as vide impugned order the learned Single Judge has rejected grant of stay ex parte. We hope and trust that if a case is made out for grant of stay after hearing the respondents, the learned Single Judge will do so.
With these observations this appeal is dismissed as pre-mature.
(MUKUL MUDGAL) CHIEF JUSTICE
(AJAY TEWARI) JUDGE
August 05, 2010 sunita
1 issue framed by the court
Whether the appeal against the learned Single Judge's order declining the grant of stay is maintainable.
M/s Malibu Estates Pvt. Ltd.
Secretary, Haryana Electricity Regulatory Commission
Mukul Mudgal
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
