Irle Kay Jay Rolls Pvt Ltd v. Uttar Haryana Bijli Vitran Nigam Ltd And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Letters Patent Appeal No.469 of 2015 (O&M) Date of Decision: April 28, 2015 IRLE Kay Jay Rolls Pvt. Ltd.

.....Appellant versus Uttar Haryana Bijli Vitran Nigam Limited and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Mr.D.K.Singal, Advocate, for the appellant. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The appellant assails the order dated 09.12.2014 passed by learned Single Judge whereby its writ petition was allowed and a direction for refund of the amount paid as Peak Load Exemption Charges for the period w.e.f. March 2010 to 10.01.2011, has been issued.

The only ground taken in this appeal is that the learned Single Judge ought to have awarded interest on the amount deposited by the appellant towards Peak Load Exemption Charges.

It is not in disputed that the aforesaid amount has since been refunded to the appellant.

In our considered view, the discretion exercised by learned Single Judge in not awarding interest would not constitute a valid ground to interfere with the order under appeal.

LPA No.469 of 2015 (O&M) [2] No case to interfere with the order passed by learned Single Judge is made out.

Dismissed.

[SURYA KANT] JUDGE April 28, 2015 [P.B.BAJANTHRI] mohinder JUDGE

LPA No.469 of 2015 (O&M) [3] CM No.952 of 2015 in LPA No.469 of 2015 - - - IRLE Kay Jay Rolls Pvt. Ltd. Vs. Uttar Haryana Bijli Vitran Nigam Limited and others ---- Present : Mr.D.K.Singal, Advocate, for the applicant-appellant.

* * * For the reasons mentioned in the application, the same is allowed subject to all just exceptions and 5 days' delay in re-filing the appeal is condoned.

CM stands disposed of.

(SURYA KANT) JUDGE April 28, 2015 (P.B.BAJANTHRI) mohinder JUDGE