Remanded

M/S I.D.S. Infotech Limited v. Punjab State Power Corporation Limited and Ors.

Punjab & Haryana HC31 Mar 2014CWP/15431/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana set aside an order dismissing an appeal under the Electricity Act, 2003 on delay grounds, remanding the matter to the A.D.C. to decide on merits as the petitioner had deposited the major portion of the demanded amount.

What did the court decide?

Order dated 23.05.2013 set aside; matter remanded to A.D.C., S.A.S Nagar to decide on merits.

M/S I.D.S. Infotech Limited Vs Punjab State… — Banking and Recovery | Punjab & Haryana HC (2014)

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C.W.P No. 15431 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA

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AT CHANDIGARH

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C.W.P No. 15431 of 2013 (O&M) Date of decision : 31.03.2014

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M/s IDS Infotech Limited

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....Petitioner

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versus

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P.S.P.C.L and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. Nishant Kaushal, Advocate for the petitioner.

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Ms. Meena Bansal, Advocate for respondent Nos. 1 and 2

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RITU BAHRI , J. (Oral)

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Reply filed on behalf of respondent Nos. 1 and 2, is taken on record.

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The short point for consideration before this Court that the appeal filed by the petitioner under Section 127 of the Electricity Act, 2003 against the final order of assessment dated 04.07.2012 (P-4) has been dismissed on account of delay only.

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Vide order dated 04.07.2012, demand of Rs.22,33,492/- was made by the respondents (P-4).

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Learned counsel for the petitioner states that out of Rs.22,33,492/-, the petitioner has deposited about 17 lacs with the department and his electricity connection has been restored, in compliance of order dated 25.09.2013 passed by this Court.

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Arora Gaurav 2014.04.07 13:53 I attest to the accuracy and integrity of this document

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C.W.P No. 15431 of 2013 (O&M)

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In the reply filed by respondent Nos. 1 and 2, the stand was taken by the respondents that the petitioner had not chosen to file any objections to the provisional assessment order dated 22.05.2012 (P-3), which was duly served upon him. After passing of the final order of assessment on 04.07.2012, the delay of 08 months is not liable to be condoned. The petitioner has deposited Rs.11,16,746/-, vide receipt dated 15.01.2013 and thereafter, in compliance of order dated 25.09.2013 passed by this Court, the petitioner has deposited another Rs.5 lac and his electricity connection has been restored.

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Keeping in view the above facts that the petitioner has deposited major part of the amount, order dated 23.05.2013 is set aside and the matter is remanded back to the A.D.C. , S.A.S Nagar to pass appropriate orders on merits on the appeal filed by the petitioner.

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The petition is disposed of accordingly.

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March 31, 2014 G Arora

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( RITU BAHRI) JUDGE

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Arora Gaurav 2014.04.07 13:53 I attest to the accuracy and integrity of this document

M/S I.D.S. Infotech Limited v. Punjab State Power Corporation Limited and Ors.

Case brief

What is this about?

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M/S I.D.S. Infotech Limited v. Punjab State Power Corporation Limited and Ors.

Case brief

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What the court decided

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