The State Of Punjab Punjab State Electricity Board Chairman/Secretary vs. Jay Bee Industries Proprietor

ITEM NO.2

COURT NO.6

SECTION IV

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

<u>Civil Appeal No(s). 9980/2016</u>

PUNJAB STATE POWER CORPORATION LTD. VERSUS M/S SARAF INDUSTRIES PRIVATE LTD. & ANR. Respondent $(s)$ WITH S.L.P.(C)...CC No. $14105/2016$ (IV-B) IA No. 1/2016 - CONDONATION OF DELAY IN FILING IA No. 2/2016 - CONDN.OF DELAY IN REFILING / CURING THE DEFECTS IA No. 64281/2019 - STAY APPLICATION) Date: 21-10-2019 This matter(s) was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE HRISHIKESH ROY For Appellant(s) Mr. Satinder S. Gulati, Adv. Mrs. Priya Puri, AOR Mr. Ranjay Dubey, Adv. Ms. Shrishti Sharma, Adv. For Respondent(s) Mr. S. Hari Haran, Adv. Mr. Vikash Singh, AOR

UPON hearing the counsel the Court made the following O R D E R

We have heard Mr. Satinder S. Gulati, learned counsel appearing for the petitioner-Punjab State Power Corporation Ltd., who submits that the thirteen matters have been filed in this Court from the impugned judgment dated 29.06.2015 of the High Court of Punjab and Haryana.

Out of these, the SLP(C)No.34492 of 2015 filed by the 🐺 Titioner-Punjab State Power Corporation Ltd. was dismissed by this Court vide order dated 16.12.2015.

Appellant(s)

The counsel then submits that in six other matters i.e. Civil Appeals No(s).9980/2016, 9983/2016, 9985/2016, 9987/2016, 9991/2016 & 9996/2016, leave was granted by this Court vide Order dated 26.09.2016 and the appellant-Punjab State Power Corporation Ltd. was asked to deposit the entire amount within three months from the date of the order. Since the said order of this Court, the entire amounts have been deposited by the Punjab State Power Corporation Ltd.

In another five matters being C.A.No(s).11387/2016, 11389/2016, 11391/2016, 11393/2016 & 11392/2016, leave was granted by this Court vide order dated 28.11.2016 and the appellant-Punjab State Power Corporation Ltd. was to deposit the entire amount within three months from the date of the court's order. According to the learned counsel, those amounts have also been deposited since then.

In the related matter i.e. SLP(C)…..CC No.14105 of 2016 listed today, the amount which the petitioner-Punjab State Power Corporation Ltd. was required to pay, was deposited by the Power Corporation, without prejudice to their contention in the Execution Petition No.246 of 2018.

Mr. S. Hari Haran, learned counsel appearing for respondent no.1, is in agreement with the above submission made by the petitioner's lawyer.

In view of above, delay is condoned in SLP(C)…..CC No.14105 of 2016. Issue notice.

Tag along with Civil Appeal NO.9980 of 2016 and connected matters.

2

Consequent upon the above order and on the oral prayer made by by Mr. Satinder S. Gulati, learned counsel appearing for the petitioner-Punjab State Power Corporation Ltd., the order dated 16.12.2015 passed in SLP(C) No.34492 of 2015 dismissing the special leave petition is recalled and SLP(C) No.34492 of 2015 is restored to its original number.

Issue notice in SLP(C)No.34492 of 2015 as well.

Tag along with Civil Appeal NO.9980 of 2016 and connected matters.

List all the matters in the third week of January 2020.

(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER