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Saurashtra vs Paschim

High Court Of Gujarat|27 March, 2012

JUDGMENT / ORDER

This Court passed an order on 23.03.2012 as under:
"Notice for final disposal, returnable on 26.03.2012.
As the sick industry which is struggling hard to survive has been subjected to power-cut for recovering past dues for which the execution proceedings have been passed and they have been stayed.
Direct service today, is permitted."
Ms.
Bhaya, learned advocate appearing for the respondent Company submitted that time for four days be granted and the matter be kept on 30.03.2012.
Learned senior counsel for the petitioners has strongly objected for granting of this adjournment on the ground that granting of adjournment for four days and keeping the matter on 30.03.2012 would defeat the very purpose of issuance of short notice, as the Court has taken into consideration the urgency and unreasonableness on the part of the Electricity Company in invoking Section 56 of the Electricity Act.
Ms.
Bhaya learned advocate for the Electricity Company, at this stage submitted that the electricity supply is to be disconnected on 31st of March. The petition was moved on 22.03.2012 and in fact the petitioner has its own power generating plant of 30 M.W. and production is not likely to be affected.
Be that as it may, the Court is of the view that if four days time is granted it would be in the interest of justice and hence the objection is overruled. The time for four days is granted. The respondent Company, if desirous of filing affidavit the same shall be filed on or before 30.03.2012. Hence, S.O. to 30.03.2012.
(S.R.BRAHMBHATT, J.) Pankaj Top
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Title

Saurashtra vs Paschim

Court

High Court Of Gujarat

JudgmentDate
27 March, 2012