M/S. Jai Healthcare Ltd. v. Tata Power Delhi Distribution Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8098/2014 M/S. JAI HEALTHCARE LTD.

..... Petitioner Through:

Mr. Prakash Pandey, Advocate.

versus TATA POWER DELHI DISTRIBUTION LIMITED ..... Respondent Through:

Mr. Sudhir Nandrajog, Sr. Advocate with Ms.

Karishma Thakur, Advocates.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 14.01.2019 Vide the present petition, the petitioner seeks direction thereby to forthwith remove and relocate the transformer located and installed on the 'subject premises' of the petitioner as shown in the photographs (Annexure P-3 Colly) and in the site plan (Annexure-P) shown in red.

Learned counsel for the respondent has informed this Court that the petitioner has filed CS (OS) 112/2017 before this Court wherein the issues have already been framed; whether, the defendant has legally and validly installed 630 KW transformers on the premises of the plaintiff (petitioner herein).

Since, the petitioner has already filed the suit for similar relief mentioned above, the present petition is not maintainable.

The present petition is accordingly, dismissed. SURESH KUMAR KAIT, J JANUARY 14, 2019 rd