Punjab-Haryana High Court
Nabha Power Limited vs Punjab State Power Corporation Limited ... on 7 August, 2014
Author: K. Kannan
Bench: K. Kannan
CWP No.14923 of 2014 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.14923 of 2014
Date of Decision.07.08.2014
Nabha Power Limited ......Petitioner
Versus
Punjab State Power Corporation Limited and another ......Respondents
Present: Mr. Ashwani Kumar Chopra, Senior Advocate with
Mr. Ashish Chopra, Advocate
for the petitioner.
Ms. Madhu Daryal, Advocate with
Mr. Raju Ramachandra, Advocate
for respondent No.1.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
-.-
K. KANNAN J.(ORAL)
1. Learned Senior Counsel for the petitioner states that in respect of the very same subject matter a petition is moved before the Electricity Regulatory Commission and he will have an appropriate redress before the Commission on 14.08.2014, the likely date when the case is to be listed for hearing. There is already an interim order passed against the encashment of bank guarantee. Learned counsel appearing on behalf of the respondent points out that there is a letter addressed on 21.07.2014 by the petitioner admitting to the deduction of the amount towards liquidated damages the amount covered through the bank guarantee from the monthly bills of the petitioner for sale of power, without prejudice to the rights and claims under the PPA. Kamboj Pankaj Kumar 2014.08.12 11:07 I attest to the accuracy and integrity of this document Chandigarh CWP No.14923 of 2014 -2- Learned counsel for the respondent states that subsequent to the interim order obtained from this court on 13.07.2014, petitioner has sought for the amount without any deduction as already agreed to on 21.07.2014. The petitioner shall not insist on such payment without deduction. This observation shall not preclude the petitioner from contending that any document to which the petitioner was a party was not enforceable and that they could not be feel obliged to abide by the same. The commission will decide the case on its merits without in any way influenced by the observation made by this Court.
2. The writ petition is disposed of with above observations.
(K. KANNAN) JUDGE August 07, 2014 Pankaj* Kamboj Pankaj Kumar 2014.08.12 11:07 I attest to the accuracy and integrity of this document Chandigarh