Jharkhand High Court
Jharkhand Urja Vikas Nigam ... vs Ranchi Power Distribution ... on 23 August, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
LPA No. 332 of 2017
Jharkhand Urja Vikas Nigam Limited and another ..... Appellants
Versus
Ranchi Power Distribution Company Limited and others ..... Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant(s) : Mr. M.K.Roy, SrSC
For the Ranchi Power Co. Ltd. : None
For the State : Ms. Priyanka Boby, AC to SrSC-I
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rd
Order No.20/Dated: 23 August 2022
No one appears for Ranchi Power Distribution Company Limited.
LPA No. 332 of 2017 which has been filed challenging the order
dated 19th November 2015 passed in WP(S) No. 6542 of 2014 has come up on
Board on as many as 19 occasions. From the proceeding of LPA No. 332 of
2017 we gather that both the parties were not interested in pursuing this matter
and that is the reason on 4 th April 2019, the following order was passed by this
Court:
"Order No.17/Dated: 4th April, 2019
Today is the 17th date of listing of this Letters Patent
Appeal.
2. Strangely enough, the learned counsel for the respondent
no. 1 seeks adjournment praying that this matter may be listed on
or after 17.06.2019.
3. The learned Advocate-General appears for the appellant-
Jharkhand Urja Vikas Nigam Ltd.
4. On 31.10.2017, when this Letters Patent Appeal was listed
before the Court for hearing, the respondent-Ranchi Power
Distribution Company Ltd. had put in its appearance through its
counsel-Mr. Sumeet Gadodia and by an order dated 17.05.2018,
the delay in filing this Letters Patent Appeal was condoned by this
Court. But before that, several adjournments were taken. At least
on two occasions adjournment was sought by both the parties and
on other occasions the respondent-company did not object to the
request for the adjournment. Thereafter, on 06.07.2018 the
appellants were permitted to file an affidavit bringing on record
the subsequent events.
5. Mr. Surojit Sarkar, the learned counsel for the respondent
no. 1 submits that an application for bringing additional
documents was filed by the appellants which was allowed by the 2
Court and, thereafter, the respondent no.1 was permitted to file a
composite counter-affidavit which it has filed on 15.03.2019.
6. For condoning the delay of 5 days in filing the counter-
affidavit, the respondent no. 1 has filed I.A. No. 2787 of 2019.
7. We are satisfied of the reasons disclosed in this
application explaining the delay of 5 days in filing the counter-
-2- LPA No. 332 of 2017
affidavit.
8. Accordingly, I.A. No. 2787 of 2019 is allowed.
9. It appears that against the common judgment dated
19.11.2015 passed in W.P.(S) No. 6542 of 2014, L.P.A. No. 332 of
2017 was filed and in W.P.(C) No. 2437 of 2015, L.P.A. No. 477 of
2017 was filed. Both the Letters Patent Appeals were taken up for
hearing together, however, on 18.02.2019 when both the Letters
Patent Appeals were listed for hearing, both were directed to be
posted on two different dates.
10. Mr. Surojit Sarkar, the learned counsel for the respondent
no. 1 submits that it was at the instance of the learned Senior
counsel for the Tata Power Company Limited that a different date
of hearing was given in L.P.A. No. 477 of 2017.
11. Post the matter on 09.04.2019, at the top of the list, along
with L.P.A. No. 477 of 2017.
12. Mr. Naveen Kumar, the learned assisting counsel to the
learned Advocate-General shall inform the next date of hearing of
L.P.A. No. 477 of 2017 to the conducting counsel for the Tata
Power Company Limited."
This is also a matter of record that Ranchi Power Distribution
Company Limited has not filed a petition for initiating a proceeding under the
Contempt of Courts Act, 1971 against Jharkhand Urja Vikas Nigam Limited.
Mr. Sumeet Gadodia, the learned counsel for Ranchi Power
Distribution Company Limited who represented the company on previous
occasions states that he has already given no objection to the company and the
case records have been collected from his chambers by the authorized person of
the company.
Let a fresh notice go to Ranchi Power Distribution Company
Limited, on the address given in the memo of appeal, for which requisites etc.
under registered cover with A/D and by ordinary process must be filed within
one week.
Dasti in addition.
An affidavit on service of dasti notice be filed by Jharkhand Urja
Vikas Nigam Limited within a period of two weeks.
It is indicated that on the next date of hearing if the respondent
No.1 fails to explain its conduct in not appearing in the present proceeding,
exemplary cost shall be imposed upon it.
Post this matter on 13th October 2022.
(Shree Chandrashekhar, J.)
SB/Nibha (Ratnaker Bhengra, J.)
