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2009 Supreme(Del) 220

S.MURALIDHAR
Vardhman Properties Ltd. – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Sanjay Goswami and H.K. Banerjee, Advs.
For Respondents/Defendant: Anjali Sharma, Adv.

JUDGMENT

S. Muralidhar, J.

1. This review petition is directed against the impugned order dated 30th September 2008 passed by the learned Additional Sessions Judge (ASJ.) Special Electricity Court in Complaint Case No. 134 of 2006, rejecting an application filed by the Petitioner Vardhman Properties Limited (VPL.) seeking review of an order dated 7th April 2006 passed by the learned ASJ summoning the Petitioner for the offence under Section 135 of Electricity Act 2003 (Act.).

2. The aforementioned complaint was filed by the Respondent BSES Rajdhani

Power Limited (BRPL.) in 2006 against Krishan Lal and VPL in the Special Electricity Court under Section 151 of the Act for determining their civil and criminal liability in terms of the Act. On 7th April 2006 the learned ASJ, Special Electricity Court, passed the following order:

Present: Deemed Addl. P.P. for the complainant.

Arguments heard on pre-summoning evidence. CW-1 is the authorized representative who had proved his complaint Ex.CW1/2 and CW2 is the member of the raid party who has proved the inspection report Ex.CW2/1 besides other documents. It is mentioned in the joint inspection report Ex.CW2/1 that it was a case of direct t


























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