SARIKA NITIN PESHNEY Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO LTD THROUGH EXECUTIVE ENGINEER

JUDGEMENT

(1.) Rule. Heard forthwith by consent of learned counsel for the rival parties. Heard Mr.Mardikar for the petitioner and Mr.Moharir for the respondents.

(2.) What is impugned is the order dated 13.6.2008 made by respondent no.3 refusing to allow opportunity to the petitioner for cross-examination, as indicated by this Court in its order dated 19.12.2003 in W.P. No.3791/03. Inviting my attention to particular portion of the impugned order, Mr.Mardikar argued that respondent no.3 has clearly held that it would not be possible to give opportunity of crossexamination to the petitioner.

(3.) Having regard to the judgment of this Court dated 19.12.2003 in W.P. No. 3791/03, it is clear that the impugned order is contrary to the said judgment, as this Court has held in para 35 of the said judgment that the petitioner is entitled to the opportunity to cross-examine the witnesses. In view of the said decision of this Court rendered by the Division Bench, I make the following order.