Himachal Pradesh High Court
Ishwar Singh vs . H.P.S.E.B. Ltd. & Ors. on 8 March, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
Ishwar Singh vs. H.P.S.E.B. Ltd. & Ors.
Ex. Pet. No. 189 of 2020 08.03.2022 Present: Ms. Kiran Lata Sharma, Advocate, for the petitioner.
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Mr. Tara Singh Chauhan, Advocate, for the respondents.
CMP-T No. 1065 of 2021 Mr. Tara Singh Chauhan, learned Advocate, states that he is under instructions not to press this application provided liberty is granted to avail of such remedy as available to the applicants under the law. Prayer being innocuous is allowed. Consequently, the present application is dismissed with liberty as aforesaid.
Ex. Pet. No. 189 of 2020 Admittedly, the judgment passed by the learned erstwhile Tribunal in T. A. No. 5204 of 2015, titled Ishwar Singh vs. HPSEB Ltd. & Ors, decided on 16.11.2017, has attained finality, therefore, the respondents-judgment debtors have no option but to implement the same.
Shri Tara Singh Chauhan, learned Advocate, prays that identical question, which in fact ought to have been agitated and raised in the main petition, is pending adjudication before the Division Bench and, therefore, the decree-holder need not be called upon to implement the judgment. We are not impressed by the argument, because as stated above, the judgment in the instant case has attained finality and, therefore, respondents have no other option but to implement/execute the same.
For compliance, list on 29.03.2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge March 8, 2022 (sanjeev) ::: Downloaded on - 09/03/2022 20:12:27 :::CIS