Disposed

Nachhattar Singh v. Punjab State Electricity Board and Anr.

Punjab & Haryana HC27 Sept 2016RSA/4997/2015

Case brief

AI extract

What is this about?

The High Court disposed of the second appeal in RSA No.4997 of 2015. The appellant was granted liberty to file a proceeding under the Electricity Act, 2003 within one month. The appeal was restored to the original number, and a stay on the posting was ordered pending condonation of delay.

What did the court decide?

The application was allowed. The second appeal was restored to its original number. Liberty was granted for condonation of delay.

Nachhattar Singh Vs Punjab State Electricity… — Service and Employment | Punjab & Haryana HC (2016)

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RSA No.4997 of 2015 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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RSA No.4997 of 2015 (O&M) Date of Decision.27.09.2016

Nachhattar Singh

.......Appellant

Vs.

Punjab State Electricity Board and another ........Respondents Present: Mr. Bir Davinder Singh, Advocate for the appellant.

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CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

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Whether Reporters of local papers may be allowed to see the

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judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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AMIT RAWAL J. (ORAL)

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C.M. No.12928-C of 2016

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For the reasons stated in the application, order passed by this Court on 01.09.2016 is recalled and the second appeal is restored to its original number.

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The application is allowed.

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C.M. No.11913-C of 2015

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For the reasons stated in the application, delay of 13 days in filing the appeal is condoned.

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Application is allowed.

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RSA No.4997 of 2015

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The appellant-plaintiff is aggrieved of the concurrent finding of fact whereby the suit for declaration that notice issued by defendant No.2 raising demand of `38,673/- on account of running of 5 BHP motor allegedly by direct kundi on the basis of alleged checking report of AEE

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PANKAJ KUMAR 2016.10.06 11:41 I attest to the accuracy and integrity of this document

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RSA No.4997 of 2015 (O&M) -2-

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Bargari dated 25.06.2009 to be illegal, null and void and against the instructions and rules of PSEB, has been dismissed.

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Mr. Bir Davinder Singh, learned counsel for the appellant submits that the procedure under Section 126 of the Electricity Act, 2003 was not followed and therefore, alleged action taken by the respondent was wrong. Despite availability of the alternative remedy, suit for declaration can be filed.

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During the course of arguments, Mr. Bir Davinder Singh, learned counsel for the appellant submits that instead of arguing on merits of the case, he may be granted liberty to avail the remedy as per the provisions of the 2003 Act. I am in full agreement with the aforementioned request of Mr. Bir Davinder Singh and would deem it appropriate that in case any application challenging the aforementioned demand is filed within a period of one month from today, accompanied by an application seeking for condonation of delay by taking the benefit of Section 14 of the Limitation Act, the competent authority shall decide the application by taking into consideration the bona fides of the appellant.

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In view of the aforementioned observations, the second appeal is disposed of with the liberty granted above as the Civil Court was not having jurisdiction to try and entertain the relief sought in the suit.

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(AMIT RAWAL) JUDGE

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September 27, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No

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PANKAJ KUMAR 2016.10.06 11:41 I attest to the accuracy and integrity of this document

Nachhattar Singh v. Punjab State Electricity Board and Anr.

Case brief

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Nachhattar Singh v. Punjab State Electricity Board and Anr.

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