Himachal Pradesh High Court
Hpsebl And Others vs . Vardhman Ispat Udyog And Another on 16 May, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
HPSEBL and others vs. Vardhman Ispat Udyog and another CWP No. 8001 of 2025 16.05.2025 Present: Mr. Lovneesh Kanwar, Senior Advocate with Mr. Tek Chand, Advocate for the petitioner.
Mr. Shrawan Dogra, Senior Advocate with Mr. Manik Sethi, Advocate for respondent No. 1.
Mr. Dhananjay Sharma, Advocate for respondent No. 2. Caveat Petition No. 207 of 2025 Allowed and disposed of.
CWP No. 8001 of 2025 & CMP No. 10603 Notice. Mr. Manik Sethi, learned Counsel, accepts notice on behalf of respondent No. 1. On his instructions, Mr. Shrawan Dogra, learned Senior Counsel also appears for respondent No. 1. Mr. Dhananjay Sharma, learned Counsel accepts notice on behalf of respondent No. 2.
Learned Senior Counsel for respondent No. 1 has taken a preliminary objection qua maintainability of the writ petition on the ground of delays and laches. He submitted that the Ombudsman set aside the order of CGRF on 29.03.2023, i.e. more than two years back. Rather than assailing it way of writ petition etc. the Board filed a review petition. The Ombudsman passed an order on 27.07.2023, keeping the earlier order passed by it in abeyance in the review proceedings, which order of the Ombudsman was challenged by respondent No. 1 before this Court by way of CMPMO No. 449 of 2023. This Court on 27.03.2024 quashed the order passed by the Ombudsman on 27.07.2023. Review petition was dismissed by the Ombudsman on 02.04.2024. The Present petition has been filed more than a year even after the rejection of the review. Learned Senior Counsel thus submitted that the filing of the writ petition is nothing but an afterthought and that too after the respondent has approached the concerned Fora for the execution of the order in its favour. Accordingly, he submitted that as the petitioner has not acted diligently, the writ petition being hit by delays and laches be dismissed.
Learned Senior Counsel appearing for the petitioner submitted that some time be granted to him to address the Court on issue of delay and laches.
List on 04.06.2025.
(Ajay Mohan Goel) Judge May 16, 2025 (narender)