Vikas Bhatia v. Bses Yamuna Power Limited & ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 358/2018, CM No. 1458/2018 VIKAS BHATIA ..... Petitioner Through:

Mr. Shadman Ahmed Siddiqui, Proxy Counsel versus BSES YAMUNA POWER LIMITED & ANR ..... Respondents Through:

Mr. Tushar Aggarwal, Proxy Counsel

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 25.01.2018 On the last date of hearing Mr. Sunil Fernandes, Standing Counsel appearing for the respondent / BSES had sought time to take instructions. Proxy counsel on instructions from Mr. Sunil Fernandes, Advocate concedes that no hearing was given to the petitioner before the order dated December 22, 2017 was issued. This submission of proxy counsel is sufficient to set aside the impugned order dated December 22, 2017. The respondents shall be at liberty to give a hearing to the petitioner and then pass a reasoned order after considering the pleas of the petitioner including the documents, if any relied upon by the petitioner.

Accordingly, the petitioner shall appear before the Assessing Officer

in the office of the respondents at Enforcement Cell, Enforcement OfficePatparganj IP Extension, Narwana Road (Near Saraswati Kunj), New Delhi, on February 02, 2018 at 03:00 P.M. It is expected that a reasoned order shall be passed within eight weeks thereafter. If the petitioner is still aggrieved by an order to be passed by the respondents, he shall be at liberty to seek remedy as available in accordance with law. The writ petition and CM 1458/2018 are disposed of. V. KAMESWAR RAO, J JANUARY 25, 2018/aky