B.S.E.S. Rajdhani Power Ltd. vs Garib Dass & Anr.
2009 Latest Caselaw 2960 Del

*             THE HIGH COURT OF DELHI AT NEW DELHI
+                  Crl. M.C. No. 3889/2008
                                            Date of Decision : 31.7.2009

B.S.E.S. RAJDHANI POWER LTD.                           ......Petitioner
                      Through:                  Mr.    Sunuk     Fernandes,
                                                Advocate
                                 Versus
GARIB DASS & ANR.                                     ...... Respondents
                                Through:        Mr.Narain Bhatia, Advocate
                                                for the respondent no. 1.
                                                Mr. P.C. Sharma,Advocate
                                                for the respondent no. 2.

CORAM :
HON'BLE MR. JUSTICE V.K. SHALI
1.     Whether Reporters of local papers may be
       allowed to see the judgment?                                  No
2.     To be referred to the Reporter or not ?                       No
3.     Whether the judgment should be reported
       in the Digest ?                                               No

V.K. SHALI, J. (ORAL)

1. I have heard the learned counsel for the petitioner and the

learned counsel for the respondents.

2. I have also perused the judgment of my learned

predecessor in BSES Rajdhani Power Limited Vs. Vijay Kumar

Gupta (Crl. M.C. No. 3618/2008 and Crl. M.A. 13493/2008

decided on 6th April, 2009).

3. The contentions, which the learned counsel for the

respondents have sought to raise are the same which have

been already dealt with in the aforesaid judgment. The

aforesaid judgment squarely covers the facts of the present

case and accordingly there is no reason for this Court to

deal with the submissions which have been raised by the

learned counsel for the petitioner.

4. The impugned order dated 27.11.2008 is accordingly set

aside and the matter is remanded back to the learned

Special Judge who will proceed with the trial from the stage

prior to the passing of the impugned order. Needless to say

that all defences, which are available to the petitioner, will

be permitted to be taken.

5. With these directions, the petition stands disposed of.

V.K. SHALI, J.

July 31, 2009 vn