Prem Chand v. Dakshin Haryana Bijli Vitran Nigam And ORS

C. R No. 5958 of 2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 5958 of 2019 Date of decision : 20.09.2019 Prem Chand ....Petitioner versus D.H.B.V.N.L and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Y.D. Kaushik, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to order dated 28.08.2019 passed by learned Addl. District Judge, Faridabad whereby the application filed by the petitioner under Order 39 Rule 1 and 2 of CPC for restraining defendants from recovering impugned amount from the petitioner, has been partly allowed.

Learned counsel for the petitioner has argued that his meter was collected by Heera Lal, defendant No. 3 on 28.08.2018 on deposit of Rs.1000/- by him for checking of the meter. However, defendant No. 3 did not deposit the matter with the department. Thereafter, his premises was raided on 31.08.2018 and 12.06.2019.

This argument is liable to be rejected as a bare perusal of the impugned order shows that petitioner himself had admitted that two raids were conducted on his premises on 31.08.2018 and 12.06.2019. Further the defendant Nos. 1 to 3 in their reply have denied that the mater has been taken from the premises of the petitioner.

GAURAV ARORA 2019.09.25 16:09 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 5958 of 2019 Keeping in view the above fact, no ground is made out to interfere in the impugned order dated 28.08.2019, as it does not suffer from any illegality or infirmity.

The petition stands dismissed.

20.09.2019 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2019.09.25 16:09 I attest to the accuracy and integrity of this document Chandigarh