A At Cuttack vs M/S. Tata Power Western Odisha
2025 Latest Caselaw 6236 Ori

Orissa High Court

A At Cuttack vs M/S. Tata Power Western Odisha on 24 June, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    RSA No. 119 of 2024
                                A AT CUTTACK
            Uma Parek and another         ....                 Appellants
                                                       Represented by
                                           Mr. R.N. Debata, Advocate


                                             -Versus -
            M/s. Tata Power Western Odisha         ....                Respondents

Distribution Limite (TPWODL) Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 24.06.2025

Order No.

1. This matter is taken up through hybrid mode.

1.

2. Heard Mr. R.N. Debata, learned counsel for the appellants. Perused the impugned judgments.

3. Considering the submissions and the grounds raised, the second appeal is admitted on the following substantial questions of law:-

i. Whether the learned courts below are justified to assess the income of the deceased notionally ignoring the oral evidence adduced by the wife of the deceased in this regard and refused full reliefs as prayed for by the appellants?

ii. Whether the learned courts below are justified in awarding interest of 9% p.a., which is contrary to the provisions of the Electricity Act?

4. Issue notice to the respondent by registered post with A.D. making it returnable within four weeks. Requisites be filed within three working days.

5. Call for the LCR.

6. List this matter in the month of December, 2025.

(Sashikanta Mishra) Judge

B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 25-Jun-2025 10:04:49