CM-2061-CII-2023, CM-2063-CII-2023 and

CM-2066-CII-2023 in/and CR-3447-2022 and other connected case

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(116)

CM-2061-CII-2023,

CM-2063-CII-2023 and

CM-2066-CII-2023 in/and

CR-3447-2022

Date of Decision : February 06, 2023

M/s Krishna Alloys Pvt. Ltd and others

.. Petitioners

Versus

Punjab State Power Corporation Limited

.. Respondent

(116-2)

CM-2058-CII-2023,

CM-2065-CII-2023 and

CM-2067-CII-2023 in/and

CR-3455-2022

M/s Krishna Alloys Pvt. Ltd and others

.. Petitioners

Versus

Punjab State Power Corporation Limited and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Nitin Sherwal, Advocate, for the applicant-petitioners.

Mr. Karan Kaushal, Advocate, for the respondents.

HARSIMRAN SINGH SETHI J. (ORAL)

CM-2061-CII-2023 and CM-2058-CII-2023

HARSHA RANI

2023.02.09 14:37

I attest to the accuracy and

integrity of this

order/judgment

CM-2061-CII-2023, CM-2063-CII-2023 and

CM-2066-CII-2023 in/and CR-3447-2022 and other connected case

2

As prayed for, the applications are allowed.

Annexures P-5 and P-6 are taken on record.

CM-2063-CII-2023 and CM-2065-CII-2023

Present applications have been filed for preponement/early

hearing of the main case i.e. CR No.3447 of 2022 and CR No.3455 of 2022,

which now stand adjourned to 12.07.2023.

Notice of the applications to the counsel opposite.

Mr. Karan Kaushal, Advocate, who is present in the Court,

accepts notice on behalf of the respondents and raises no objection for the

grant of prayer as raised in the present applications.

Keeping in view the averments made in the applications, the

same are allowed and hearing of the main case i.e. CR-3447 of 2022 and CR

No.3455 of 2022 is preponed from 12.07.2023 to today.

CR-3447-2022 and CR-3455-2022

Learned counsel for the petitioners argues that petitioner No.1-

Company filed an appeal challenging the judgment and decree dated

09.08.2018 passed by the trial Court in Civil Suit No.204 of 2013 titled

Punjab State Power Corporation Limited vs. M/s Krishana Alloys Private

Limited and others but the said appeal has not been heard on merits on the

ground that the Court fee required to be attached along with the appeal, has

not been attached.

Learned counsel for the petitioners submits that an application

was moved by appellant-petitioner No.1 to file the appeal as a pauper

which application has been dismissed by the lower Appellate Court vide

impugned order dated 14.07.2022 holding that though the properties which

HARSHA RANI

2023.02.09 14:37

I attest to the accuracy and

integrity of this

order/judgment

CM-2061-CII-2023, CM-2063-CII-2023 and

CM-2066-CII-2023 in/and CR-3447-2022 and other connected case

3

are in the name of appellant-petitioner No.1-Company have been mortgaged

but as petitioner No.1-Company is still the owner of the said property, the

Court fee was required to be affixed however, once the sold properties are

not in possession of the appellant No.1-Company and there is no other

property from which the Court fee can be generated, the lower Appellate

Court was liable to allow the application of appellant No.1 to file the

present appeal as a pauper.

The respondent has appeared and submits that apart from the

company, there are two other appellants who have filed the appeal in their

personal capacity and they have not disclosed their means financial capacity

to state that they do not have money to deposit the Court fee, which fact has

also not been considered by the lower Appellate Court while passing the

order dated 14.07.2022.

Learned counsel for the respondents further submits that even

qua petitioner No.1, the fact that all the properties are mortgaged and no

property is with appellant No.1, also needs to be ascertained on the basis of

the evidences which will come on record.

Keeping in view the above mentioned facts, as both the parties

are raising objections to the order dated 14.07.2022 passed by the Lower