U P STATE ELECTRICITY BOARD Vs. CHEEMA PAPER MILLSP LTD
LAWS(UTN)-2012-3-16
HIGH COURT OF UTTARAKHAND
Decided on March 30,2012

U P STATE ELECTRICITY BOARD Appellant
VERSUS
Cheema Paper Millsp Ltd Respondents

JUDGEMENT

- (1.) This is an appeal of the erstwhile U.P. State Electricity Board against one M/s. Cheema Paper Mill Private Limited. The appellants was the defendants in the court below where the suit was filed challenging the legality of electricity bill given to the plaintiff/respondent was under challenge. The suit was decreed by the trial court on 24.12.1998 in favour of the plaintiff/respondent. Aggrieved, the defendants/appellants has filed first appeal being First Appeal No. 260 of 1999 before the Allahabad High Court. Consequently, appeal was admitted by the Allahabad High Court on 23.3.1999 and notice was issued to the plaintiff-respondent. Since the matter pertains to the territory, which is now within the territorial jurisdiction of Uttarakhand, which was created under an act by parliament known as U.P. Reorganization Act, 2000, it stood transferred to this Court under Section 35 of the Act. On the records being transferred to this Court, it shows that on 3.4.2002, the appeal had been dismissed for want of prosecution. The said order reads as under:- None appears for appellants at the revision of list. Hence the appeal is dismissed for want of prosecution. Interim order, if any, is vacated. There is nothing on record to show that after the transfer of the present matter to this Court, any further notices were issued to the parties by this Court.
(2.) Now after the delay of almost 10 years i.e. after 3,374 days, a restoration application has been filed by the defendants/appellants. This application for recalling the order dated 3.4.2002 is being treated as an application under Section 151 CPC read with Order XLI Rule 19 CPC.
(3.) Heard leaned counsel for the parties on the delay condonation application.;


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