M/S City Agro Foods v. The Bihar State Power Holding Company Ltd. And ORS

Patna High Court CWJC No.6389 of 2015 (3) dt.23-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6389 of 2015 ====================================================== M/s City Agro Foods, a Partnership firm having its place of business at Baxi Maidan, P.S. Chowk, Patna City, Town and District Patna through its Partnere Birendra Kumar Singh, son of late Thakur Kapildeo Narain Singh, resident of Baxi Maidan, P.S. Chowk, Patna City, Town and District Patna .... .... Petitioner

Versus

The Bihar State Power ( Holding) Company Ltd. & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar For the Respondent/s : Mr. Vinay Kirti Singh ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and learned counsel for the Bihar State Power Holding Company Limited. The relief sought for by the petitioner is for implementation of the order dated 30.6.2014 passed by the Appellate Authority under section 127 of the Electricity Act, 2003. A counter affidavit has been filed on behalf of the respondent Power Holding Company, wherein in paragraph 6 it has been stated that it has already decided to challenge the Appellate order.

In view of the mandate of section 127 of the Electricity Act, the respondent Power Holding Company is under obligation to implement the order in all earnest passed there under which would be subject to the final decision in any challenge before superior

Patna High Court CWJC No.6389 of 2015 (3) dt.23-11-2015 court.

With the aforesaid observations, this writ application stands disposed of.

(Samarendra Pratap Singh, J) KHAN/- U