This order shall dispose of RP No.1210 of 2006 and FA No.273 of 2006 as the facts and point of law involved in them are the same.

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FIRST APPEAL No.273/2006

          Punjab State Electricity Board, appellant herein, had engaged Sh. Harmohinder Singh Lucky, a practicing Advocate in Punjab & Haryana High Court, to represent it.  Part payment of fee was made to him.  Sh. Harmohinder Singh Lucky did not appear or file any Written Statement before the State Commission.  State Commission allowed the complaint.  Demand raised by the petitioner to pay Rs.6,81,502/- was quashed, aggrieved against which the appeal has been filed.   

This Commission vide order dated 29.5.2006 had directed the petitioner to state as to what action has been taken against said Sh. Harmohinder Singh Lucky.  Counsel for the petitioner has filed affidavit that Sh. Harmohinder Singh Lucky has been removed from the Panel of Lawyers Board.  Counsel for the petitioner was also directed to file the reports of the Executive Engineer who visited on 09.11.1999 and 04.11.1999.  The reports dated 09.11.1998 and 04.11.1999 have been placed on record.  These reports cannot be

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taken into consideration without Written Statement and affidavit of evidence filed by the petitioner.

          Keeping in view the facts and circumstances of the case, we set aside the impugned order and remand the case to the State Commission for a fresh decision in accordance with law after affording due opportunity of hearing to the petitioner to file Written Statement and permitting the parties to lead their evidence in support of their pleadings.  Since this remand is being necessitated because of fault of the petitioner, we impose costs of Rs.20,000/-.  Petitioner is directed to pay the costs to the respondent.   

          Parties through their counsel are directed to appear before the State Commission on 26.11.2009.

          Since it is an old case, we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within a period of six months from the first date of appearance.

          Petitioner shall pay the costs to the respondent on the date fixed before the State Commission.

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Revision Petition No.1210/2006

          This Revision Petition is against the same impugned order.  Since we have allowed the First Appeal, this Revision Petition has become infructuous and is disposed of as such.  There shall be no costs in the Revision Petition.

          Copy of this order be given DASTI.