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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4362 of 2026

Decided on: 2nd April, 2026 ------------------------------------------------------------------------------------- Mayfair Biotech Pvt. Ltd. …..Petitioner

Versus

H.P. State Electricity Board Limited and others .....Respondents -------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua

Whether approved for reporting?

For the Petitioner: Mr. Tara Singh Chauhan, Senior Advocate with Mr. Skandh Sharma,

Advocate.

For the Respondents: Ms. Sunita Sharma, Senior Advocate with Mr. Abhishek Rana, Advocate.

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Jyotsna Rewal Dua, Judge g Notice. Mr. Abhishek Rana, learned counsel, accepts notice on behalf of the respondents.

Taking into consideration the grievance raised in

this writ petition, nature of the order impugned herein and the order being passed hereinafter, reply to the writ petition is not required from the respondents. The matter has

accordingly been heard at this stage.

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Whether reporters of print and electronic media may be allowed to see the order? Yes.

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2. Facts:-

2(i). An assessment order was issued on 13.07.2010 against the petitioner under Section 126 of the Indian

Electricity Act, (hereinafter referred to as the .Act) by respondent No.3. Petitioner availed statutory remedy against the said order by filing an appeal u nder Section 127 of the Act before the Divisionaol Commissioner, Kangra Division, Kangra at Dharamshala. The said appeal, bearing No.271 of 2012, was dismissed vide order dated 07.01.2013 (Annexure P-3) foru want of non-compliance of statutory provision regarding depositing the fee and ½ of the assessed amount. Thereafter, the respondent-Board issued a notice to the petitioner on 20.02.2013 (Annexure P-4)

regarding disconnection of electricity supply.

2(ii). The above order dated 07.01.2013 and the notice dated 20.02.2013 were assailed by the petitioner by

Hway of M/S Mayfair Biotech Pvt. Ltd. Versus Himachal Pradesh State Electricity Board Ltd. and others2. The said writ petition was allowed with direction to the petitioner to deposit ½ of the assessed amount and the requisite fees for entertaining Appeal No.271 of 2012 within ten days. It was further ordered that on such deposit,

2 CWP No.1209 of 2013, decided on 08.03.2013

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Appeal No.271 of 2012 shall be revived in its original position and shall be taken up for expeditious disposal on merits by the Divisional Commissioner, Kangra. Further,

the execution of order dated 20.02.2013 was stayed. till final disposal of the appeal.

2(iii). In compliance of the direction s issued in M/S Mayfair Biotech Pvt. Ltd.2, the petiotioner deposited a sum of Rs.2,86,520/- with the respondents vide receipt dated

18.03.2013 (Annexure P-12).

2(iv). Subsequently, the petitioner-Unit was declared as NPA and was taken over by the Bank under the SARFAESI Act on 04.08.2014. On 16.02.2023, the lien in respect of the petitioner-Unit was removed. Thereafter, No Objection Certificate was also issued by the Bank in favour

of the petitioner on 18.04.2023 (Annexure P-8).

2(v). On 18.08.2025, the petitioner filed an Happlication under Section 151 of the Code of Civil

Procedure for effective hearing of Appeal No.271 of 2012. The same was dismissed vide order dated 12.03.2026 (Annexure P-10), relevant portion of which reads as under:-

“7. The present appeal can be revived only after the appellant deposits ½ of the updated assessed amount by HPSEBL Mehatpur, so that an order on merit be passed. In a similarly situated matter in CWP No.2647/2026 titled as M/s Spen Formulations Pvt. Ltd. Vs Himachal Pradesh State Electricity Board Ltd.

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and others, the Hon’ble High Court of Himachal Pradesh on dated 09-03-2026 has directed the petitione