Punjab-Haryana High Court
Uhbvnl And Ors vs Sikander Pal on 1 June, 2023
Neutral Citation No:=2023:PHHC:080099
CM-5949-C-2023 in/& -1- 2023:PHHC:080099
RSA-320-2020 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-5949-C-2023 &
CM-831-C-2020 in/&
RSA-320-2020 (O&M)
Date of Decision :01.06.2023
Uttar Haryana Bijli Vitran Nigam
Ltd. and others ...Appellants
Versus
Sikander Pal ...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-5949-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-320-2020
1. Present regular second appeal has been filed challenging the
1 of 2
Neutral Citation No:=2023:PHHC:080099
CM-5949-C-2023 in/& -2- 2023:PHHC:080099
RSA-320-2020 (O&M)
judgment and decree of the lower Appellate Court dated 04.10.2019 by
which, the judgment and decree of the trial Court dated 31.05.2017 has been
set aside and the suit filed by the respondent-plaintiff was allowed.
2. As per office report, the respondent has been served as far back
in November, 2018 but no one is appearing on his behalf, hence respondent
is proceeded ex-parte.
3. Learned counsel for the appellants submits that keeping in view
the findings recorded by the Courts below wherein, it has been mentioned
that while conducting the checking of the meter in question or thereafter,
while preparing the report as to whether the said meter has been tempered
with or not, rules of natural justice have not been followed as due
opportunity of defence to the consumer has not been given and the proper
procedure for checking, has not been followed and further the report with
regard to the allegation of theft of electricity has not been prepared in a
manner as envisaged under the Electricity Act hence, the present appeal may
kindly be disposed of having been not pressed any further with liberty to the
appellants to pass a fresh order in accordance with law after following due
process of law as envisaged under the Electricity Act, 2003 by giving due
opportunity of defence to the consumer.
4. Ordered accordingly.
CM-831-C-2020
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:080099
2 of 2
