D H B V N L And Anr vs Ram Niwas
2023 Latest Caselaw 8801 P&H

                                                             Neutral Citation No:=2023:PHHC:080028




CM-5920-C-2023 in/&                 -1-                 2023:PHHC:080028
RSA-2011-2018 (O&M)

                 IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH


                                                   CM-5920-C-2023 &
                                                   CM-5578-C-2018 in/&
                                                   RSA-2011-2018 (O&M)
                                                   Date of Decision :01.06.2023

Dakshin Haryana Bijli Vitran Nigam
Ltd. and another                                                      ...Appellants


                                   Versus


Ram Niwas                                                           ...Respondent


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:        Mr. R.S. Longia, Advocate for the appellants.

                None for the respondent.

                            ***

Harsimran Singh Sethi, J. (Oral)

CM-5920-C-2023

Present application has been filed for recalling the order dated

05.05.2023 passed by this Court by which, the main appeal was dismissed

for non-prosecution.

Keeping in view the averments made in the application, which

are duly supported by an affidavit, application is allowed. Order dated

05.05.2023 passed by this Court is recalled and the main appeal is ordered to

be restored to its original number and status and is taken up for hearing

today itself.

RSA-2011-2018

1. Present regular second appeal has been filed challenging the

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Neutral Citation No:=2023:PHHC:080028

CM-5920-C-2023 in/& -2- 2023:PHHC:080028 RSA-2011-2018 (O&M)

judgment and decree of the lower Appellate Court dated 07.12.2017 by

which, the judgment and decree of the trial Court dated 26.09.2016 has been

set aside and the suit filed by the respondent-plaintiff was allowed.

2. Despite service, there is no representation on behalf of the

respondent, hence the respondent is proceeded ex-parte.

3. Learned counsel for the appellants submits that in the present

case, it has already come on record by way of evidence that the meter in

question, which was stated to be tempered with, was not tested in the

laboratory so as to ascertain whether the same was actually tempered with or

not and action was taken only on the basis of the fact that seal attached on

the meter prima facie seemed to be tempered with hence, the present appeal

may kindly be disposed of having been not pressed any further with liberty

to the appellants to initiate proceedings in accordance with law as

permissible under the Electricity Act, 2003 after following due process of

law including the checking of the meter in question from the laboratory

concerned.

4. Ordered accordingly.

CM-5578-C-2018

Application is also disposed of.

June 01, 2023                        (HARSIMRAN SINGH SETHI)
aarti                                          JUDGE
            Whether speaking/reasoned : Yes/No
            Whether reportable :        Yes/No

Neutral Citation No:=2023:PHHC:080028

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