Review Petition No.38/2017 (under Section 114 read with Section 47 Rule 1 and Section 151 CPC) & IA No.1154/2017 (for condonation of 118 days delay in filing Review Petition).

1. The defendant no.1 BSES Rajdhani Power Ltd. (BSES RPL) seeks review/recall of the order and partial decree dated 14th July, 2016.

2. The plaintiff instituted this suit for mandatory injunction directing BSES RPL, South Delhi Municipal Corporation (SDMC) and Divisional Head (O&M) of BSES RPL to remove the transformer and the electric pole installed in the portion of the properties No.D-1/20 and D-1/21, Rajouri Garden, New Delhi of the plaintiff and for recovery of arrears of and future mesne profits/damages for use and occupation.

3. The suit was entertained.

4. BSES RPL filed a written statement inter alia pleading (a) that the subject transformer has been in existence for over 30 years; and, (b) that BSES RPL is unable to locate the documents executed by the then owner of the property permitting installation of the said transformer and have sought the same from Delhi Power Corporation Limited (DPCL) being the holding company created while unbundling erstwhile Delhi Vidyut Board (DVB) during whose re