Punjab-Haryana High Court
M/S Surgicrafts vs Haryana Vidyut Prasarn Nigam Ltd on 5 November, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
CR-6815-2018 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(224)
CR-6815-2018
Date of decision:- 05.11.2024
M/s Surgicrafts through its proprietor Anil Kumar Anand (now
deceased) through Lrs - Neelam Anand and others
... Petitioner
Versus
Haryana Vidyut Prasaran Nigam Limited, Shakti Bhawan, Sector - 6,
Panchkula (earlier Haryana State Electricity Board) through its
Executive Engineer (S&D), HVPNL, Dhulkot, District Ambala
... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Sanjay Jain, Advocate
for the petitioner.
Mr. Gaurav Jindal, Advocate
for the respondent.
****
SUVIR SEHGAL, J. (ORAL)
1. By way of instant revision petition, petitioner has approached this
Court under Article 227 of the Constitution of India for setting aside
impugned order dated 18.09.2018, Annexure P-1, passed by the learned
Additional Civil Judge, Senior Division, Ambala.
2. Brief facts leading to the filing of the revision petition are that the
petitioner was awarded a contract for supply of cotton tape and an
agreement was entered into between the parties. Some disputes arose
between them, which were referred to an Arbitrator and culminated in
authenticity of this order/judgment
passing of an award dated 08.11.2002, Annexure P-4, under the Arbitration
Act, 1940 against the petitioner. The award was made rule of the Court by
the learned Civil Judge vide judgment dated 03.09.2009 and appeal,
preferred by the petitioner, was dismissed on 17.11.2012. Respondent filed
an execution petition and vide order impugned herein, an objection raised
by the petitioner was rejected.
3. While making a reference to the notification dated 01.07.1999,
Annexure P-6, counsel for the petitioner submits that the Haryana State
Electricity Board (HSEB) was bifurcated into different departments and the
successor of the Chief Engineer, Workshop, Dhulkot is the Uttar Haryana
Vidyut Prasaran Nigam Ltd. (UHVPNL) and not the respondent-Haryana
Vidyut Prasaran Nigam Limited (HVPN). He submits that the execution
petition filed by HVPN is not maintainable.
4. Per contra, learned counsel for the respondent submits that office
of the Chief Engineer, Workshop, Dhulkot, was transferred to the present
respondent and the execution petition filed by it, is maintainable. Still
further, by making a reference to order dated 05.12.2022 passed by the
Executing Court, he submits that the petitioner has paid an amount of
Rs.8,95,843/- to the decree holder-respondent by way of a cheque, which
was encashed and the execution petition was dismissed as having been
satisfied. He submits that the deposit of the decreetal amount was made
subject to the decision of the instant revision petition.
5. I have heard counsel for the parties and considered their
respective submission.
authenticity of this order/judgment
6. Upon coming into force of the Haryana Electricity Reforms Act,
1997, erstwhile HSEB was unbundled. The Haryana Vidyut Prasaran Nigam
(HVPN) and the Haryana Power Generation Corporation (HPGC) came into
existence on 14.08.1998. HVPN has two subsidiaries, namely, UHBVN and
DHBVN, which came into being on 15.03.1999, i.e., the date of
incorporation. DHBVN received the certificate of commencement of
business on 01.04.1999 and UHBVN commenced its operations in July,
1999. Simultaneously, an independent regulatory body, i.e., Haryana State
Electricity Regulatory Commission was constituted to assist and advise the
State Government on the development of power sector and take appropriate
measures to balance the interest of various stake holders. The assets of
HVPN were transferred to DHBVN and UHBVN vide notification dated
01.07.1999, Annexure P-6.
7. The Haryana Electricity Reform (Transfer of Distribution
Undertakings from Haryana Vidyut Prasaran Nigam Limited to Distribution
Companies) Scheme, 1999 (for short "the Transfer Scheme") is appendix-I
to the notification dated 01.07.1999, Annexure P-6. Clause 6 of the
Transfer Scheme provides that on completion of the transfer, the
distribution companies, i.e., DHBVN and UHBVNL shall replace HVPN in
all respects with regard to all contracts, deals, schemes, bonds, agreements
and other instruments of whatever nature. Schedule "D" to the Transfer
Scheme mentions the details of the personnel retained by HVPN. The office
of Chief Engineer, Workshop, Dhulkot and some of its subordinate staff are
listed at Sr. Nos.14 and 15, respectively, which are reproduced hereunder:-
authenticity of this order/judgment
"14. Office of CE - Workshop, Dhulkote
15. Office of SE-Workshop, Dhulkote and only the
following subordinate offices:
(a) Office of Xen - Transformer and Switchgear
Division, Faridabad along with the Power Transformer
Repair Workshop, Ballabgarh only and including the
attached Security personnel
(b) Office of Xen - Steel Structure Workshop, Panipat
including the attached Security personnel
(c) Office of AEE - Switchgear Workshop, Dhulkote
including the attached Security personnel (earlier
attached with the General Workshop, Dhulkote)."
8. It is, therefore, evident from the above that the office of the Chief
Engineer (Workshop), Superintending Engineer (Workshop) as well as
some of the supporting staff have been retained by the HVPNL. As the
offices, which awarded the contract to the petitioner and pursued the
arbitral proceedings, have been vested in the HVPNL, the execution
petition filed by the HVPNL is maintainable. The argument raised by the
counsel for the petitioner is, therefore, unfounded and is rejected.
9. Petition is bereft of merit and is hereby dismissed.
10. Pending application, if any, stands disposed of.
(SUVIR SEHGAL)
05.11.2024 JUDGE
Kamal
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
authenticity of this order/judgment
