Orissa

StateCommission

CDA/1301/2003

Central Electricity Supply Company - Complainant(s)

Versus

Smt. Shantilata Sahu, - Opp.Party(s)

M/s. B.K. Nayak & Associates.

03 Jul 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. CDA/1301/2003
( Date of Filing : 14 Nov 2003 )
(Arisen out of Order Dated in Case No. of District )
 
1. Central Electricity Supply Company
represented through the Executive Engineer, Electrical, Dhenkanal Electrrical Division, At/Po/Dist- Dhenkanal.
2. Subdivisional Officer, Electrical
At/Po/Dist- Dhenkanal.
3. Junior Engineer, Electrical
Section No. III, At/Po/Dist- Dhenkanal.
...........Appellant(s)
Versus
1. Smt. Shantilata Sahu,
W/o- Antaryami Sahu, At/Po- Gadasila, Dist- Dhenkanal.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Appellant:M/s. B.K. Nayak & Associates., Advocate
For the Respondent:
Dated : 03 Jul 2020
Final Order / Judgement

Learned counsel for the appellants is present.

2.      Respondent is absent. Notice against the respondent is made sufficient.

3.      It is submitted by the learned counsel for the appellants that this appeal has been filed against the order dated 29.10.2003 passed by the learned District Forum, Dhenkanal in C.D.Misc. Case No. 19 of 2002 which arises out of CD Case No. 35 of 2003. He further submits that against the order passed in CD Case No. 35 of 2003, CD Appeal No. 1216 of 2003 has been filed and this Commission by order dated 11.12.2019 allowed the appeal. So the Misc. Case arising out of the CD Case has become infructuous. Hence, this appeal may be allowed by setting aside the impugned order.

4.      In view of the above submission, we are of the views that since appeal against the main CD Case No. 35 of 2003 being allowed, the Misc. Case does not survive.  The impugned order is set aside.

          This appeal is allowed. No cost.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Dr. Smarita Mohanty]
MEMBER
 

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