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2019 Supreme(All) 693

ABDUL MOIN, RAJESH SINGH CHAUHAN, VIKRAM NATH
Kisan Cold Storage & Ice Factory Thru Partner 6114(M/S)2012 – Appellant
Versus
Paschimanchal Vidyut Vitran Nigam Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Tanveer Ahmad Siddiqui, Bidhan Chandra Rai
For the Respondent: Amarjeet Singh Rakhra, Aprajita Bansal, Nandita Bharti, Sanjai Singh

JUDGMENT :

ABDUL MOIN, J.

1. We have heard Sri B.C. Rai, learned counsel for the appellant, Sri J.N. Mathur, Senior Advocate assisted by Sri Amarjeet Singh Rakhra and Ms. Aprajita Bansal, learned counsel representing respondent Nos.1 & 2, Sri Sanjay Singh, learned counsel representing respondent No.5 and Sri S.B. Pandey, learned Assistant Solicitor General of India along with Ms. Nandita Bharati, Advocate representing the Union of India- respondent No.6.

2. The present reference before the Full Bench has been occasioned by a referring order of a Division Bench dated 20.01.2016. The Division Bench upon noticing that there was a conflict between the decisions of the Division Bench in the case of M/s Jindal Poly Films Limited vs. U.P. Electricity Regulatory Commission, Lucknow and others in Writ Petition No.2456 (MB) of 2011 decided on 15.04.2011 and the judgment of Single Judge in the case of Dakshinanchal Vidyut Vitran Nigam Limited vs. Vidyut Lokpal Lucknow and others in Writ Petition No.4237 (MS) of 2008 as well as another judgment by Single Judge in the case of Pachimanchal Vidyut Vitran Nigam Limited vs. Electricity Ombudsman and others in Writ Petition No.6411 (MS) of 2012 and bei






















































































































































































































































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