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yogesh (will tell you later)     01 August 2008

query regading litigation(c.w.p ) in high court

I has the following query and will be grateful & thankful if i get the expert opinion by the expertise

I have filed the W.P.(Civil) in Hon'ble high court against the company which was given license to supply and distribution of electricity herin after called "licensee" against the notification which was served under section 163 of electricity act-2003  and aginst the replacement of existing meter by the electronic meter

Along with the writ petition, i have also filed the Civil Miscallneous apllication against the stay on disconnection of electricity during the pendency of suit

The writ application was filed in diary but before listing (due to objections in case diary ), the respondent/license managed to change the existing meter with the consent of petitioner under the influence of coercion

The copies  of the writ application were already serviced to the standing counsel of the licensee company

What the petioner will now do (as the matter is not heared due to technical objections in the filing )?

Whether another Miscalleneous application needs to filed in case diary or he should wait & watch after the first hearing and let the court know about the facts?

In present scenario , the relief which he has claimed regarding not replacement of meter is not maintainable whether he should file the other application under the same writ application for another relief?

 



Learning

 1 Replies

Kiran Kumar (Lawyer)     01 August 2008

in my opinion separate application is not necessary.....u can raise this point during the course of arguments and it must be a good argument for u that the respondent company had knowledge of the filing of petition and to save there skin they have used force and coercian to get things done in their favour......keep the affidavit of petitioner, in this context, with u.


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