RSA No. 1069 of 2008 1 In the High Court for the States of Punjab and Haryana at Chandigarh … RSA No. 1069 of 2008 (O&M) Date of decision: December 1,2010 SDO (Op.) Division, DHBVNL Sohna and anr. ..Appellants. Versus CALPRO Foods Private Limited ..Respondent Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr. Gaurav Mohunta, Advocate for the appellants. Mr. Amit Jain, Advocate for the respondent ... Rakesh Kumar Garg,J.(Oral) This is defendants' second appeal challenging the judgment and decrees of the courts below whereby suit of the plaintiff-respondent for declaration with consequential relief of permanent injunction was decreed. This appeal has been filed on behalf of the appellants and the power of attorney has been signed by the SDO (Op.) Sub Division, DHBVNL, Sohna Tehsil Sohna District Gurgaon. As per office order No.1114 HSEB dated 7.3.1986, an officer not below the rank of Executive Engineer is competent to file the appeal on behalf of DHBVNL. The aforesaid office order reads as follows:- “Office Order No.1114-HSEB. Dated: 7.3.86 In exercise of the powers under Section 3 and Section 79(k) of the Electricity (Supply) Act, 1948, and all other enabling powers in this behalf, Haryana State Electricity Board, authorizes the following officers to sue, defend, sign, attest, authenticate, verify any plaint, petition application, written statements, replications, affidavit or any other legal instrument or document or power of attorney, in the name of any advocate/law officer/other official, on behalf of the Haryana State Electricity Board, in connection with any new or pending civil suit, case or legal proceedings, in any court or in any new or pending reference before arbitrator, umpire, or in any new or pending RSA No. 1069 of 2008 2 proceedings before any other statutory authority, filed by or against the Haryana State Electricity Board. These officers are also declared as Principal Officers of the Board for the purpose of Rule 1, Order XXIX of the Code of Civil Procedure, 1908, for the purpose of any legal proceedings, in any court of law or any other judicial or quasi-judicial or statutory authority, filed by or against the Haryana State Electricity Board. i) Secretary, Joint Secretary-cum-Legal advisor, Under Secretaries of the Haryana Electricity Board, generally in all cases filed by or against the Haryana State Electricity Board in any court or any other statutory authority, or Arbitration proceedings within or outside the Haryana State. ii) All Officers of Haryana State Electricity Board, not below the rank of an Executive Engineer and above, up to the rank of Engineer-in-Chief and General Manager in respect of cases/proceedings relating to their jurisdiction/Zone. Iii) Chief Accounts officer, Chief Auditor, Financial Advisor, Director(Vigilance and Security), Deputy Director (Vigilance) Manager, Senior Accounts Officers in respect of cases/proceedings arising within their jurisdiction/Zone. The above decision was taken by the Board in its meeting held on 7.3.86. Sd/-Secretary HSEB, Chandigarh.” On 11.11.2010, the case was adjourned to enable the appellants to explain as to how this appeal has been filed by an authorized person. Learned counsel appearing on behalf of the appellants is unable to explain the same in the absence of any instructions. In view of the aforesaid office order, since this appeal has not been filed by a competent authority, the same is dismissed being not maintainable in view of the aforesaid defect. December 1, 2010 (RAKESH KUMAR GARG) nk JUDGE