DELHI POWER COMPANY LIMITED Vs. M L MAHAJAN

JUDGEMENT

(1.) IMPUGNED order is dated 15.05.2004; the Court had returned a finding that the holding company Delhi Power Company Ltd. (DPCL) is a necessary and proper party and as in terms of the relief claimed in the plaint, the amount has to be released from the Delhi Vidyut Board Employees Terminal Benefit Fund, 2002; the contention of the applicant that Indraprastha Power General Company Ltd. (IPGCL) be impleaded as a party had been declined; this order is the subject matter of the present petition.

(2.) IT is an admitted fact that pursuant to a scheme formulated by the Government in exercise of powers conferred under Section 60 read with Sections 15 & 16 of the Delhi Electricity Reforms Act, 2000, the Government of NCT of Delhi had formulated certain rules relating the transfer and vesting of assets and liabilities proceedings and personnel of DVB in the successor entities.

(3.) THE contention of the defendant was that in terms of transfer scheme vesting the assets and liabilities of the transferor company to the transferee which in this case was IPGCL, the claim of the petitioner could only be answered by the transferee company i.e. IPGCL and for this purpose, an application had been filed by the DPCL seeking impleadment of IPGCL but it had been dismissed by the impugned order.