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High Court of DelhiW.P.(C)/3668/2018

Devender Mishra v. Bses Yamuna Power Limited

2018-05-08Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3668/2018 & CM. No.14509/2018 DEVENDER MISHRA ..... Petitioner Through:

Mr. Sunil Singh Parihar, Adv. with Mr. Aditya Dev Triguna, Adv.

versus BSES YAMUNA POWER LIMITED ..... Respondent Through:

Mr. Sunil Fernandes, Adv. with Mr.

Arnav Vidyarthi, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 08.05.2018 1.

The present petition has been filed with the following prayers:- "It is, therefore, prayed that in view of the aforesaid facts and circumstances made above this Hon'ble Court may kindly be pleased to:

a) issue a writ of certiorari, order/quashing the recovery notice dated 18.12.2017 sent by the respondent; b) Pass such other and further order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the present case."

2.

Learned counsel for the respondent states, as the case of the petitioner is that the impugned notice dated December 18, 2017, issued by the respondent does not give the details of the claim for `67,46,064/-, a fresh show cause notice shall be issued to enable the petitioner file a reply to the

same and thereafter the representative of the petitioner shall be heard in person before a final order is passed.

3.

The said submission is acceptable to the learned counsel for the petitioner, who states that till such time a final order is passed, no coercive action be taken by the respondent. This suggestion is accepted by the learned counsel for the respondent. It is ordered that till such time, a final order is passed, no coercive action shall be taken against the petitioner. The petition and the connected application are disposed of. V. KAMESWAR RAO, J MAY 08, 2018/ak