Mahavir Singh v. Managing Director And Others

CWP-18364-2020(O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-18364-2020(O&M) Date of Decision: 11.03.2024 Mahavir Singh ..... Petitioner

Versus

Managing Director, Haryana Vidyut Prasaran Nigam Limited & ors.

..... Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:

Mr. Sandeep Thakan



    

   

  JASGURPREET SINGH PURI, J. (ORAL) CM-4226-CWP-2024 This is an application for filing of reply by way of short affidavit on behalf of respondent No.1. Allowed as prayed for. Reply is taken on record.

CWP-18364-2020(O&M) Learned counsel for the petitioner submits that the present petition has been filed for the grant of interest on the delayed payment and the interest amount has already been paid to the petitioner in the year 2021. Therefore, the present petition has become infructuous. On the last date of hearing, this Court had directed the Managing Director to remain present in the Court in view of the earlier order passed by this Court on 20.10.2023. Today, the Managing Director is present in the Court along with legal staff of the Nigam. An affidavit has also been filed by him. In the affidavit, he has also given the justification as to why the case Monika Verma 2024.03.13 03:23 I attest to the accuracy and integrity of this document

CWP-18364-2020(O&M) -2was not properly defended although the counsel was engaged in the year 2020. He has also tendered an unconditional apology. Mr. Jindal submits that the Managing Director joined the office in the month of January, 2024 and with regard to the present case, specific instructions were given to the counsel but he did not care to appear and now with the change of counsel, the entire factual position has been brought to the notice of this Court. He submitted that an unconditional apology of the Managing Director may be accepted in view of the aforesaid facts and circumstances.

The prayer made by Mr. Jindal is just and proper and is accepted. The Managing Director has also assured this Court that in future due care will be taken for the purpose of defending the cases in the Courts. He also stated that the legal department of the Nigam will be sensitised and if it is so required then an adequate training may be provided to them. Apart from the above, in case so required then the Nigam will also re-visit the panel of counsels so that in future no case remains unrepresented in the Court. In view of the above, the present petition is disposed of as having been rendered infructuous.

The application bearing No.CM-4129-CWP-2024 filed by counsel for the petitioner seeking withdrawal of the present petition also stands dismissed as withdrawn as the main case has been disposed of as having been rendered infructuous.

11.03.2024 (JASGURPREET SINGH PURI) monika JUDGE

1. Whether speaking/reasoned: Yes/No

2. Whether reportable:

Yes/No Monika Verma 2024.03.13 03:23 I attest to the accuracy and integrity of this document