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High Court of DelhiCONT.CAS(C)/358/2013

Bses Rajdhani Power Limited v. Neeraj Saraf, Director ,Saraf Projects (P) Ltd. & ORS.

2016-02-24Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~3&4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 358/2013 BSES RAJDHANI POWER LIMITED ..... Petitioner Through:

Mr. Anupam Varma & Mr. Raghav Chadha, Advs.

Versus

NEERAJ SARAF, DIRECTOR ,SARAF PROJECTS (P) LTD. & ORS.

..... Respondents Through:

Ms. Anita Sahani, Adv. for R-1.

AND Review Petition No.30/2012 & CMs No.605/2012 (for condonation of 105 days delay in filing) & 606/2012 (for condonation of 37 days delay in re-filing) in W.P.(C) 5208/2010 RAKESH KUMAR SHARMA AND SONS ..... Petitioner Through:

None.

Versus

BSES RAJDHANI POWER LTD AND ANR ..... Respondents Through:

Mr. Anupam Varma & Mr. Raghav Chadha, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 24.02.2016 1.

This order is in continuation of the earlier orders. 2.

The counsel for the BSES Rajdhani Power Ltd. (BSESRPL) states that Consumer Grievance Redressal Forum (CGRF) on computation has found a sum of Rs.2,26,710/- to be refundable by the BSESRPL to Saraf Projects (P) Ltd. A copy of the computation done by the CGRF is handed over in the Court and a copy thereof has also been handed over to the counsel for Saraf Projects (P) Ltd. and Mr. Neeraj Saraf who states that she is not aware of the said computation and / or order of CGRF. CONT.CAS(C) 358/2013 & Review Petition No.38/2012 in W.P.(C) 5208/2010

3.

The counsel for BSESRPL states that the said computation of CGRF is not acceptable to BSESRPL and the challenge thereto be entertained in these proceedings only.

4.

This Court in these proceedings is not concerned with the said challenge. It is thus not deemed appropriate to continue with these proceedings any further. The proceedings are closed with liberty to BSESRPL to, if entitled in law, take appropriate remedies against the computation aforesaid of CGRF. The Sarafs shall also have similar liberty. 5.

It is clarified that it shall be open to BSESRPL to reopen the question of law decided in the judgment dated 1st June, 2011 in an appropriate proceedings and it will not be deemed to be bound thereby. RAJIV SAHAI ENDLAW, J FEBRUARY 24, 2016 'gsr'..

CONT.CAS(C) 358/2013 & Review Petition No.38/2012 in W.P.(C) 5208/2010