Orissa Hydro Power Corpn. Ltd vs Santwant Singh Gill (D) By Lrs. & Ors

J U D G M E N T (Arising out of SLP (C) No. 17187 of 2003) With CIVIL APPEAL NO 3114 OF 2006 (Arising out of SLP ( C ) No. 16439 OF 2003) ARIJIT PASAYAT, J.

The factual background in a nutshell is as follows :

2.2.1985 and 1.5.1985 respectively. Since the respondent did not complete the work and did not participate in the measurement, by letter dated 6.1.1986 the respondent was asked to accept the final measurements of the work done by him. Subsequently the work was assigned to another contractor. A writ petition was filed by the respondent questioning the decision. High Court disposed of the matter directing the authorities to consider the grievances. In September, 1986 the respondent filed a suit in the Court of Subordinate Judge, Jeypore being Money Suit No. 417 of 1986 claiming a sum of Rs.8,93,659.91/- with pendente-lite and future interest @ 18% per annum. The defendants in the said suit who are respondents No.2 to 4, herein i.e. State of Orissa, the General Manager, Upper Indravati Project and the Executive Engineer, Indravati Dam Division filed written statement denying the claim, except for a sum of Rs.94,006.40/- and prayed for dismissal of the suit. The admitted amount was paid in November, 1987. The suit was decreed on 20th March, 1991 for Rs.7,03,375.29/- along with pendente- lite interest at the rate of 12% and future interest at the rate of 9% p.a. on the principal amount of Rs.6,51,077.29/-.

The respondents No.2 to 4 filed an appeal before the High Court which was dismissed. Pursuant to the enforcement of the Orissa Electricity Reforms Act, 1995 and Orissa Electricity Reforms (Transfer of undertaking, assets, liabilities, proceeding and personnel) Schemes Rules, 1997 framed thereunder, the Upper Indravati Hydro Electric Project alongwith all its circles and Divisions with all assets and liabilities was transferred by the State Government to the appellant with effect from 1.4.1996. Since the appellant was not a party in the First Appeal, prayer for permission to file SLP was made and has been granted, and that is how the appeals have been filed. As noted above the High Court dismissed the First Appeal and the application for review filed by the appellant was rejected by the High Court on the ground that no case for review was made out. At this juncture it is to be noted that certain stands which were not highlighted in the First Appeal were sought to be introduced by the appellant in the review petition.

In the fitness of nature, therefore, the High Court should re-examine the matter on the aforesaid two aspects and decide the matter in accordance with law.

So far as the connected appeal is concerned we find that the High Court rightly held that a case of review was not made out on the grounds apart from those which we have dealt with in the connected appeal. Since the basic issues relating to alleged grievances were not placed for considered before the High Court earlier there was no scope for entertaining a review petition. The High Court had therefore rightly rejected the review petition. The said appeal stands dismissed. As noted above in the appeal relating to the First Appeal before the High Court basic issues are to be examined and, therefore, the re-consideration is to be limited to the two issues indicated above.

The appeals are accordingly disposed of. No costs.