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High Court of DelhiW.P.(C)/28/2016

Gaurang Kanth v. Bses Rajdhani Power Limited & ANR

2017-04-11Hon'Ble Mr. Justice Manmohan2 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 28/2016 & C.M.No.97/2016 GAURANG KANTH ..... Petitioner Through Mr.Kirti Uppal, Sr.Advocate with Ms.Biji Rajesh and Mr.Rajeev Yadav, Advocates.

versus BSES RAJDHANI POWER LIMITED & ANR ..... Respondents Through Mr.Sunil Fernandes, Standing Counsel for BSES RPL with Mr.Puneeth, KG and Mr.Arnav Vidyarthi, Advocates.

Mr.S.S.Jauhar, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 11.04.2017 Present writ petition has been filed seeking quashing of the order dated 14th December, 2015 passed by the CGRF in CG No.283/2015 on the ground that the same had been passed without affording an opportunity of hearing to the petitioner. Mr.S.S.Jauhar, learned counsel for respondent no.2 states that he has no objection to the setting aside of the order dated 14th December, 2015 on the ground of violation of principles of natural justice.

Consequently, the impugned order dated 14th December, 2015 is set aside and the matter is remanded back to the CGRF with a direction to decide the matter afresh after giving an opportunity of

hearing to all the parties. The parties are directed to appear before the CGRF on 01st May, 2017.

In view thereof, present writ petition stands disposed of. This Court, however, clarifies that it has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open.

The registry is directed to communicate this order to the CGRF by special messenger within one week.

MANMOHAN, J APRIL 11, 2017 KA