BSES RAJDHANI POWER LTD Vs. STATE NCT DELHI

JUDGEMENT

(1.) Leave to appeal granted.

(2.) This common order shall dispose of Crl. L.P. Nos. 237/08, 238/08, 239/08, 241/08, 243/08, 244/08, 245/08, 350/08, 252/08, 253/08, 265/08 and 266/08 and consequent appeals filed by the BSES Rajdhani Power Ltd challenging the order dated 3.10.2008 passed by the court of Sh. D.C. Anand, Additional Sessions Judge, Delhi while exercising powers of Special Court constituted under the Indian Electricity Act 2003.

(3.) On 3.10.2008 29 complaint cases filed by the petitioner under Section 135 r/w Section 151 of the Electricity Act, 2003 against various accused persons were dismissed with a single stroke of pen on the ground that no authorized person was present in court from the side of the complainant. The absence of authorized representative became a matter of grave concern for the court as despite a detailed order passed in one of the complaint cases i.e. case No. 815/2007 granting sufficient time to the complainant to bring an authorized representative by 12.00 noon on the said date after the court had declined exemption to Mr. Binay Kumar, who was earlier representing the complainant, in all the complaint cases being filed by the appellant BSES. In fact, Mr. Binay Kumar was declared as an absconder after order of conviction and registration of FIR against him directed by the court vide separate order passed by the said court two days ago i.e. on dated 1.10.2008 in CC No. 1127/2007, holding him guilty for filing false affidavit before the court. Since the appellants failed to produce any authorized representative despite grant of opportunity on 3.10.2008 the Court perhaps loss the judicial equilibrium and dismissed all the complaint cases fixed on that day. Aggrieved with the said order, the appellant has preferred the present appeals.