Partly allowed

M/S Malwa Cotton Spinning Mills Ltd. v. Punjab State Power Corporation Ltd. and Ors.

Punjab & Haryana HC18 Apr 2012CWP/19002/2011

Case brief

AI extract

What is this about?

Petitioner challenged a non-speaking order passed by the Forum for Redressal of Grievances of Consumers via a writ petition. The court set aside the order and remanded the matter to the Forum for a fresh speaking order after hearing parties.

What did the court decide?

Order dated 26.09.2011 set aside; matter remanded to Forum for Redressal of Grievances of Consumers for fresh speaking order after hearing.

M/S Malwa Cotton Spinning Mills Ltd. Vs Punjab… — Consumer Protection | Punjab & Haryana HC (2012)

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CWP No.19002 of 2011 (O & M)

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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CWP No.19002 of 2011 (O & M) Date of Decision: April 18, 2012

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M/s Malwa Cotton Spinning Mills Ltd.

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....Petitioner

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Versus

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Punjab State Power Corporation and others

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL

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Present: Mr. Puneet Jindal, Advocate for the petitioner.

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Mr. Sandeep Chhabra, Advocate, for respondents No.1 and 4.

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AJAY KUMAR MITTAL, J.

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The petitioner had filed an appeal before respondent No.2 challenging the order dated 26.10.2010 (Annexure P-11) passed by respondent No.3. The grievance of the petitioner, in the present petition filed under Articles 226/227 of the Constitution of India is that order dated 26.09.2011 (Annexure P-14) passed by respondent No.2 on the appeal filed by the petitioner is legally untenable.

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The primary ground of challenge of the petitioner is that order (Annexure P-14) is not a speaking order and, therefore, the order is liable to be set aside.

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In view of the fact that the order dated 26.09.2011

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CWP No.19002 of 2011 (O & M)

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(Annexure P-14) has been challenged only on the ground that it is not a speaking order, it is not necessary to delve into the detail factual matrix of the case.

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On March 02,2012, the learned counsel for respondents No.1 and 4 had sought time to seek instructions as to whether after setting aside order (Annexure P-14), a fresh speaking order can be passed.

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Today, learned counsel for respondents No.1 and 4 states that the said respondents have no objection in case order dated 26.09.2011 (Annexure P-14) is set aside and the matter is remanded back to respondent No.2 i.e. Forum for Redressal of Grievances of Consumers, which shall pass a fresh speaking order after hearing the concerned parties.

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In view of the consensus between the parties, the order dated 26.09.2011 (Annexure P-14) is set aside and the matter is remanded back to respondent No.2 with a direction to pass a fresh speaking order in accordance with law after affording an opportunity of hearing to the concerned parties.

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The present petition is disposed of accordingly.

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(AJAY KUMAR MITTAL) April 18, 2012 JUDGE sukhpreet

M/S Malwa Cotton Spinning Mills Ltd. v. Punjab State Power Corporation Ltd. and Ors.

Case brief

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What did the court decide?

M/S Malwa Cotton Spinning Mills Ltd. v. Punjab State Power Corporation Ltd. and Ors.

Case brief

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What did the court decide?

What the court decided

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