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[Cites 2, Cited by 1]

Delhi High Court - Orders

Neeraj Rajbhar (Diseased) Through ... vs Bses Rajdhani Power Limited & Ors on 12 February, 2021

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~9
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      W.P.(C) 1538/2021 & CM No.4414/2021

                                 NEERAJ RAJBHAR (DISEASED) THROUGH
                                 DEPENDENTS & ORS.                       ..... Petitioners
                                              Through : Mr. Raashid Azam, Adv.

                                                    versus

                                 BSES RAJDHANI POWER LIMITED & ORS. ..... Respondents
                                              Through : Mr. Sunil Femandes, Standing
                                                        Counsel with Mr. Shubham Sharma,
                                                        Advocate for R-1/BSES-RPE

                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER

                                              ORDER

% 12.02.2021 [PHYSICAL COURT HEARING] CM No.4414/2021

1. Allowed, subject to just exceptions. W.P.(C) 1538/2021

2. This is a case where the legal representatives of the deceased Neeraj Rajbhar seek compensation for an accident which happened at the premises of the private respondent nos.2 to 4. 2.1 To be noted, respondent no.1 herein is BSES Rajdhani Power Private Limited (in short „BSES‟).

W.P.(C) 1538/2021 page 1 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:14.02.2021 00:36:47

3. The legal representatives of the aforementioned deceased claim compensation from all the respondents referred to above. In support of their plea, reference is made to the following judgments passed by the two separate coordinate benches of this court in which BSES was also a party :

(i) Munni Devi v. Government of NCT of Delhi & Anr. passed in W.P.(C)No.8432/2018 on 15.01.2021.
(ii) Mohd. Sagir v. BSES & Anr. passed in W.P.(C)No.5553/2012 on 05.10.2018.

4. In the view of the ratio of the aforementioned judgments of this court, Mr. Sunil Fernandes, who appears on behalf of respondent no.1/BSES, will seek instructions on payment of interim compensation as prayed for in prayer clause (b) of the writ petition.

5. Issue notice to the respondents.

6. Mr. Sunil Fernandes accepts service on behalf of respondent no.1/BSES.

7. On steps being taken, notice shall issue to respondent nos.2 to 4 via all permissible means including e-mail.

8. List the matter on 05.04.2021.

RAJIV SHAKDHER, J FEBRUARY 12, 2021 aj Click here to check corrigendum, if any W.P.(C) 1538/2021 page 2 of 2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:14.02.2021 00:36:47