interim period. Such interim order
does not qualify as a decree. Counsel submitted that paragraph 26
14 AIR 1961 SC 1795
20
of the said ... counsel for the Respondents have not contested the
legal position that the executing court cannot go behind the decree
and the executing court must take
decree or decrees against him and seek a fresh adjudication of the controversy on a clean slate. It may also result in the contesting defendant ... made for withdrawing the application for review so as to render the decree wide open to challenge in an appeal under Section
plea is contested, the
court has to give its decision thereon. Not affording an opportunity
to the contesting party to contest a plea, which ... preliminary decree was disposed of and rate of
interest going even beyond what was permitted by way of
amendment, was awarded. The decree which
Petitioner/Decree
Holder as well as Mr. S. B. Upadhyay, Sr. Advocate, Mr. Avijit Roy, Mr. Saki
Jhakhari appearing for the main contesting respondent ... 20th July,
2016."
2) The main apprehension of the Review Petitioner/Decree Holder is that
the learned State Commission may, perhaps, not consider
Tata Power Delhi Distribution Limited vs Delhi Electricity Regulatory ... on 24 May, 2022
IN THE
Procedure Code permits an application
for review being filed "from a decree or order from which an appeal is
allowed but from which ... petition for
review being entertained. Learned counsel for the respondent did not
contest this position. Nor could we read the judgment of the High Court
Ajmer Vidyut Viteran Nigam Ltd. vs Rajasthan Electricity Regulatory ... on 9 May, 2008
JUDGMENT
Manju
Ayana Ananthapuramu Solar Private ... vs Andhra Pradesh Electricity Regulatory ... on 27 February, 2020
APPELLATE TRIBUNAL
Uttar Haryana Bijli Vitran Nigam ... vs Central Electricity Regulatory ... on 7 April, 2016
Full Bench
M/S. Fortune Five Hydel Projects Pvt. ... vs Karnataka Electricity Regulatory ... on 29 March, 2019
