Order 6

Order Details: COPY OF ORDER
Pdf Text: 14Civ Suit793/23GAYATRI DEVI Vs. BSES Yamuna Power Ltd.
22.04.2024
Present : Ld. Counsel for plaintiff alongwith plaintiff.
Ld. Counsel for defendant/ BSES.
Ld. Counsel for proposed defendant Babli alongwith proposed
defendant.
On the LDOH, on the statement of Smt. Babli, the defendant no. 1/
BSES was directed to address the request of the plaintiff regarding change in the
name of the meter in favor of the plaintiff as per the rules and the plaintiff was given
liberty to use the said meter against regular consumption and payment of charges.
Further, it was directed that the said change in the name of the meter as
well as consumption by the plaintiff shall not amount to ownership of the plaintiff
regarding the suit property and the plaintiff as well as the proposed defendant, Smt.
Babli may claim ownership of the property before the appropriate forum in
accordance with law.
In continuation of the said order passed by the court, counsel for the
plaintiff as well as BSES have apprised the court that the request of the plaintiff has
been acceded by the BSES and electricity connection has been re-installed and the
plaintiff is getting the electricity from the concerned meter. For this reason, BSES is
directed to file complete report in this regard on the NDOH.
Further, an application has been moved on behalf of the proposed
defendant seeking recall of order dated 06.03.2024 passed by the court. Copy of the
said application supplied to the counsel for the plaintiff as well as BSES today itself.
They are at liberty to file reply if any to the said application of the
proposed defendant, positively by the NDOH with an advance copy of the same to
the counsel for proposed defendant at least 01 week before the NDOH.
Contd/-...
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Further, counsel for the proposed defendant has submitted that he is not filing any
reply to the application of the petitioner under Order 1 Rule 10 read with Section 151
CPC for impleadment of defendant no. 2 in the present case and he has no objection
if the said application of the plaintiff is allowed by the court.
In view of the said submissions made by counsel for defendant no. 2, the
application under Order 1 Rule 10 read with Section 151 CPC is allowed and Smt.
Babli is impleaded as defendant no. 2 in the present case.
Plaintiff is at liberty to file amended memo of parties, positively by the
NDOH.
Further, counsel for the defendant no. 2 is at liberty to file WS in the
present matter, positively by the NDOH.
Now, put up for taking steps by the counsel for defendant no. 2 on the
NDOH i.e. 04.07.2024.
(Fahad Uddin)
ASCJ-cum-JSCC-cum-Guardian Judge,
East, KKD Courts, Delhi/22.04.2024
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