BATT HYDRO POWER AND CONSTRUCTIONS PVT LTD v. STATE OF HP AND ORS
CMP/11171/2026 · 2026-05-21
Ajay Mohan Goel
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9131 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9131 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Batt Hydro Power & Constructions Pvt. Ltd. Vs. The State of H.P. & Ors. CMP No.11171 of 2026 in CWP No.2046 of 2020 21.05.2026 Present: Mr. K.B. Khajuria, Advocate, for the applicant/ petitioner. Mr. Pushpinder Jaswal, Additional Advocate General, for non-applicants-respondents No.1 and 2. CMP No.11171 of 2026 By way of this application, filed under Section 152 of the Civil Procedure Code, the following prayer has been made:-
“ It is therefore most respectfully prayed that this application may kindly be allowed and the petitioner company may kindly be granted liberty to approach the competent forum for recovery of Rs.1,44,41,288.12 alongwith upto date interest and the time consumed before this Hon’ble Court may kindly be ordered to be excluded while calculating the period Limitation, in the interest of justice and fair play.” The petition was disposed of by this Court on 05.09.2025, in the following terms:-
“Learned Counsel appearing for the petitioner submits that he has instructions not to press the present petition. Accordingly, this writ petition is dismissed as not pressed. Pending miscellaneous applications, if any, also stand disposed of accordingly.”
Learned Counsel for the applicant/ petitioner submits that at the time when the petition was withdrawn,
learned Counsel failed to make a prayer to grant liberty to the petitioner to approach the Competent Forum for recovery of the amount mentioned in the petition.
Learned Additional Advocate General submits that the application is misconceived and is an afterthought. He submits that the prayer was for simplicitor withdrawal of the petition, which was not opposed to by the State and the application which is filed under Section 152 of the Civil Procedure Code, besides being misconceived amounts to an abuse of the process of law. This Court is of the considered view that in light of the fact that the petition was disposed of in terms of the prayer made in the petition, in case there was any failure on the part of learned Counsel, the same does not entail any correction under Section 152 of the Civil Procedure Code. Further, it is not as if there is an error in the order passed by the Court, as the same was passed pm the request of
learned Counsel for the petitioner. Besides this, the petition was disposed of on 05.09.2025 and present application has been filed on 12.05.2026. There is no explanation in the application as to why the applicant did not immediately approach the Court in case there was any remiss either on the part of the Court or learned Counsel for the petitioner. In light of above observations, the application is dismissed. Ajay Mohan Goel) Judge May 21, 2026 (Rishi)