Jharkhand State Electricity ... vs M/S Naiyadih Hi-Tech Pvt. Ltd
2021 Latest Caselaw 3270 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        (Civil Writ Jurisdiction)
                       W.P.(C) No. 6653 of 2010
                            ........

Jharkhand State Electricity Board through its Law Officer Mithilesh Kumar .... ..... Petitioner Versus M/s Naiyadih Hi-Tech Pvt. Ltd. .... ..... Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Petitioner                : Mr. Mukesh Kumar Sinha, Advocate
For the Respondent                :
                                ........
05/06.09.2021.

Heard, learned counsel for the petitioner, Mr. Mukesh Kumar Sinha. Jharkhand State Electricity Board through its Law Officer Mithilesh Kumar has preferred this writ petition for quashing /setting aside the order /judgment dated 19.07.2010 passed by the Electricity Ombudsman, Jharkhand in Case No. EOJ/13/2009.

It appears that writ petition has been filed on 23.12.2010 and the Stamp Reporter has pointed out defects vide S.R. dated 22.12.2010, but some of the defects have not been removed including deposit of C.F.S. Rs.490/-.

Thereafter, the matter was listed before Lawazima of Registrar (Vigilance) on 10.02.2011, when no one appeared, however, two weeks' time was granted to the learned counsel for the petitioner to remove the defects, but the defects have not been removed. Thereafter, the matter was listed before the Lawazima of learned Registrar General on 14.10.2019, when again two weeks' time was granted, as prayed for by the learned counsel for the petitioner to remove the defects, but defects have not been removed.

Thereafter, the matter was listed before the Coordinate Bench of this Court on 27.02.2020, even then defects, including the deposit of C.F.S. Rs.490/-, have not been removed.

Learned counsel for the petitioner has submitted that two weeks' time may be granted to remove the defects.

Under the aforesaid circumstances, two week's further time is granted to the petitioner to remove the defects including deposit of C.F.S. Rs.490/- at the cost of Rs.500/- to be deposited to the Advocate Clerk's

Association, Jharkhand High Court, Ranchi, with an explanation to be filed by the Law Officer duly approved by the Chairman-cum-Managing Director, Jharkhand Vidyut Urja Nigam Limited that why such writ petition should not be dismissed with heavy cost as it has been preferred by one of the instruments of the State in the year 2010 and the same has remained pending for approximately 11 years for non-removal of defects.

Put up this case on 27.09.2021.

(Kailash Prasad Deo, J.) Jay/-