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High Court of Punjab and HaryanaCWP/14616/2014disposed of

Babu Dalip Chand Mittal Memorial Educational Society v. Punjab State Power Corp. Ltd. And ORS

2025-02-06Mr. Justice Kuldeep Tiwari2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-14616-2014 (O&M) Date of Decision : February 06, 2025 BABU DALIP CHAND MITTAL MEMORIAL EDUCATIONAL SOCIETY -PETITIONER V/S PUNJAB STATE POWER CORP. LTD. AND ORS.

-RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Surinder Garg, Advocate for the petitioner.

Mr. Mukul Aggarwal, Advocate for the respondents.

*** KULDEEP TIWARI, J. (ORAL) CM-1739-CWP-2025 1.

In deference to the directions issued by this Court on 21.01.2025, the instant application has been filed by the respondents for placing on record the affidavit of Er. Gaurav Kakkar, Addl. Superintending Engineer, DS Division, Punjab State Power Corporation Limited, Kotkapura.

2.

The instant application is allowed and the affidavit is taken on record.

CWP-14616-2014 (O&M) 3.

Through the instant writ petition, prayer is made for quashing the provisional demand notice No.167 dated 05.02.2010, whereby, demand of ₹ 3,57,573/- has been made from the petitioner. 4.

A perusal of the affidavit (supra) reveals that, the final DEVINDER YADAV 2025.02.07 14:26 I attest to the accuracy and authenticity of this order/judgment

CWP-14616-2014 (O&M) assessment order has not yet been passed on account of pendency of lis before the District Consumer Disputes Redressal Forum and then before the State Consumer Disputes Redressal Commission. 5.

Now, both the parties are ad idem that, the instant writ petition can be disposed of with direction to the competent respondent(s), amongst the respondents, to pass the final assessment order, but, by providing opportunity to the petitioner to file objection against the provisional demand notice (supra).

6.

Consequently, the competent respondent(s), amongst the respondents, is directed to pass the final assessment order and the petitioner is at liberty to file objection against the provisional demand notice (supra) within 15 days from today.

7.

The demand, as raised in the impugned provisional demand notice, shall remain stayed only till passing of the final assessment order. 8.

Disposed of accordingly.

(KULDEEP TIWARI) February 06, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.02.07 14:26 I attest to the accuracy and authenticity of this order/judgment