DELHI POWER COMPANY LTD Vs. K.L.SHARMA

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioner/judgment debtor has assailed order dated 26th February, 2010 passed by the learned Executing Court in an execution petition whereby the objections raised by the petitioner were dismissed.

(2.) BRIEF facts for the purpose of adjudication of the present petition are that the respondent No.1/decree holder had filed a suit for declaration, permanent and mandatory injunction against Delhi Vidyut Board (DVB) and three employees of the DVB. At the time of filing the said suit, even the respondent No.1 was an employee in DVB, however, during the pendency of the said suit, the respondent No.1 retired on 31 st March, 2001 i.e. before the privatization of DVB.

(3.) WHEN the respondent no.1 filed an execution petition thereafter on 8 th October, 2007, the petitioner took an objection vide its reply that the said execution petition was not maintainable against the petitioner. It was stated that the area where the respondent was working before his retirement, fell within the jurisdiction of BSES -YPL and therefore, BSES -YPL was liable to satisfy the decree of the respondent no.1. The decree was not passed against DVB. The petitioner did not take any objections during the proceedings of the case nor was any appeal filed by the petitioner against the judgment and decree dated 19th November, 2005. It was stated by respondent No.1 that even otherwise BSES was a successor company of DVB and not the petitioner i.e. DPCL, hence it could not be impleaded as a Judgment Debtor in the matter. It was further submitted that had BSES been impleaded as a party in the main suit, it could have defended and contested the suit but since it was not made a party.