Consumer Protection Act, 1986, Section 13(3B), Electricity Act, 2003, Section 145 -- Electricity supply - Electricity charges - Nonpayment - Electricity disconnection - Interim order - Interim order by District Forum in an application u/s 13(3B) of the Act for resumption of electric connection in favour of the complainant subject to payment 1/3rd of the assessed amount -..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing application for restoration of appeal dismissed in default - Counsel for applicant inadvertently could not mark the case in the cause list and thus could not appear when the appeal listed for hearing which was dismissed in default - Held, these kind of errors/slips are not extra ordinary happenings so as to..........
Civil Procedure Code, 1908, Order 3, Rule 4(1) -- Restoration application - Application filed on oral instructions, subsequently backed by signed vakalatnama - Held, application maintainable as there was sufficient compliance of O.3.R.4(1) CPC...........
Civil Procedure Code, 1908, Section 141, Order 9, Rule 9, Limitation Act, 1963, Article 122, 137 -- Restoration of restoration application - It is miscellaneous application within the meaning of S.141 of the Code - No specific provision under Limitation Act dealing with miscellaneous applications - These are governed by residuary Article 137 and not by Article 122 of the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - It is the duty of plaintiff to keep track of the suit proceedings and is required to explain for his non appearance on the date fixed and also to explain the delay...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay of five years - Condonation - It is a long period which has to be explained sufficiently - There has to be some cogent and valid reason - In such matters approach of Court should be justice oriented and liberal view should be taken but it does..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Ad interim order - For restoration of electric connection - Order passed on the day of admission of the complaint itself when there was only order for SR and the OPs were neither present nor available and were not heard either prior to the consideration and issue of the impugned order - Impugned order held not sustainable..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 126 -- Electricity disconnection - Interim order by State Commission for restoration of connection - Remedy of appeal before the appropriate authority under the Electricity Act available - Impugned order being violative of the statute as under the Electricity Act read with WBERC Regulation, 2007..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 6, 12, Civil Procedure Code, 1908, Order 34, Rule 7 -- Application for redemption filed before Collector - Dismissed in default - Application for restoration also dismissed - Civil suit for redemption filed after one year of the date of order of Collector - Held, application for redemption was dismissed by Collector in..........
