High CourtsSingle Bench

S.D.O., Electrical, Baripada And Another vs Girish Chandra Das And Another

Orissa High Court · Decided on 6 July 2022 · Citation: (2022) 07 OHC CK 0028

HON’BLE JUDGES
Arindam Sinha, J
ACTS & SECTIONS REFERRED
Electricity Act, 2003 — Section 32(5)
CASE NUMBER
Writ Petition (C) No.14514 Of 2022
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Judgment

5 paragraphs · 137 words

Arindam Sinha, J

1.

Mr. Dash, learned advocate appears on behalf of petitioners (the supply company) and submits, award dated 28th April, 2022 is liable to be set aside and quashed. The Permanent Lok Adalat did not follow mandatory requirement of attempting settlement between the parties. The dispute could have been settled. The PLA proceeded to purportedly adjudicate but there was no adjudication at all. The conclusions are based on conjuncture and surmise. Furthermore, the PLA did not have jurisdiction to decide the dispute as statutory remedy under section 32(5) of Electricity Act, 2003 was available to opposite party no.1.

2.

Issue notice along with this order on opposite party no.1 by registered/speed post with AD. Petitioners will put in requisites.

3.

List on 27th July, 2022. The interim application will be considered on returnable date.

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