RSA No. 407 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 1015-C of 2009 RSA No. 407 of 2009 (O&M) Date of Decision: November 23 , 2009 Ajit Kumar ...... Appellant Versus Executive Engineer, UHBVNL and another ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Harpreet Singh, Advocate for Mr.Manish Kumar Singla, Advocate for the appellant. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. CM No. 1015-C of 2009 For the reasons recorded, delay of 291 days in refiling the present appeal is condoned. CM stands disposed of. RSA No. 407 of 2009 This appeal has been filed against the concurrent judgments of the courts below dismissing the suit of the appellant-plaintiff whereby he had sought a declaration that two bills issued to him by the respondent- HVPN were illegal, null and void. Both the courts found as a fact that the RSA No. 407 of 2009 (O&M) 2 bills in dispute reflected the correct amount due from the appellant and consequently dismissed the suit. The following questions have been proposed:- i) Whether the findings recorded by the learned Courts below are perverse in nature? ii)Whether the learned Courts below have misread and misconstrued the evidence? iii)Whether the alleged circular notification and decision taken by the Board of Directors, relied upon by the learned Lower Appellate Court, are to be applied retrospectively or prospectively? iv)Whether the learned Courts below have committed serious irregularities and illegalities in dismissing the suit of the plaintiff-respondent? In view of the finding of the Courts below that the amount demanded was actually due from the appellant, questions proposed do not arise. Consequently this appeal is dismissed. No costs. Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE November 23 , 2009 sunita