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2003 Supreme(HP) 247

R.L.KHURANA
APPLE VALLEY RESORT – Appellant
Versus
H. P. STATE ELECTRICITY BOARD – Respondent


Advocates Appeared:
Mr. R.L. Sood, Sr. Adv. with Mr. Ashwani Kaundal, for the Petitioner; Mr. Sharwan Dogra, for the Respondents.

JUDGMENT

R.L. Khurana, J.—Whether in the absence of a specific authorisation can a Director bring an action for and on behalf of a Company? is the primary question arising for determination in the present case.

2. The present writ petition has been directed by the petitioner Company through one Shri Arun Sharma, claiming to be its Director, seeking the issuance of the following writ, order or directions to the respondents— (i) Respondents be directed to refund a sum of Rs. 75,383 alongwith interest at the rate of 19.25% per annum with quarterly rests for value received; (ii) To quash the illegal demand raised by the respondents in its bill bearing No. 223085 dated 30.11.1995 whereby a sum of Rs. 5,27,024 in respect of SOP and Rs. 9,589 in respect of E/D have been demanded from the petitioner company with further directions to the respondents not to claim or raise any bill against the petitioner Company on account of alleged slow reading of metering equipment as per the alleged inspection conducted by the Executive Engineer (F/ S) in February, 1993; (iii) Respondents may be directed to refund the instalments already paid by the petitioner company from December, 1995 till April, 1996;




























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