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2016 Supreme(HP) 1584

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
USV Ltd. – Appellant
Versus
Himachal Pradesh State Electricity Board Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bipin C. Negi, Mr. Arjun Lall.
For the Respondents: Mr. Satyen Vaidya, Mr. Vivek Sharma, Mr. Shrawan Dogra, Mr. Anup Rattan, Mr. Romesh Verma, Mr. Varun Chandel.

JUDGMENT :

Mansoor Ahmad Mir, J.

Heard.

2. While going through the order made by the Appellate Authority dated 4.4.2015, Annexure PO, in appeal No. 124 of 2014, one comes to an inescapable conclusion that the Appellate Authority has not passed a speaking and well reasoned order. Virtually, the Appellant Authority has passed a non-speaking order, is not an order in the eyes of law.

3. At this stage, the learned counsel for the petitioner stated that the respondents, without jurisdiction, have pressed into service Section 126 of the Electricity Act, 2003.

4. We have gone through the appeal. The petitioner has taken all grounds in the memo of appeal.

5. In the given circumstances, with the consent of the learned counsel for the parties and without discussing the facts and merits of the case, we deem it proper to set aside the order made by the appellate Authority. Ordered accordingly.

6. The Appellate Authority is directed to hear the parties and return the findings on all grounds taken by the petitioner in the memo of the appeal. Parties are also at liberty to take additional grounds available to them, as per the law applicable, before the Appellate Authority.

7. The learned counsel for the



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