Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 17-07-2026

Case Overview

  • Petitioners: Hitachi Energy India Limited (through authorised representative Kshitij Raj, Lead Legal Counsel) filed Review Petitions REVP No. 392 of 2025 and REVP No. 362 of 2025.
  • Respondents: M/s Sarda Energy and Minerals Limited and ABB Limited.
  • The review petitions challenge an operative order dated 03‑04‑2025 that substituted Hitachi Energy India Ltd in place of ABB Ltd in two miscellaneous appeals, MA No. 1456/2005 and MA No. 72/2006.
  • The Registry objected to maintainability, arguing that separate applications for recalling the 3‑April‑2025 order should have been filed within the pending appeals. The court overruled this objection, holding the petitions maintainable because the impugned order vitally affected the petitioner's rights and had attained finality with respect to ABB Ltd.
  • Petitioner's counsel argued lack of prior notice, the voluminous record (12 separate volumes), and the time required to obtain a certified copy of the court record (applied on 12‑08‑2025, supplied on 28‑09‑2025). Delay in filing the review petitions (filed on 06‑10‑2025, 163 days after the order) was attributed to these factors.
  • Respondent‑ABB Ltd. contended that the petitioner had been aware of the substitution application and the order as early as April 2025, asserting a delay of 125‑163 days and disputing the petitioner's claim of ignorance.
  • The court examined precedents (Ajay Gupta vs State of CG, Haryana Suraj Malting Ltd. vs Phool Chand, Grindlays Bank Ltd., Kapra Mazdoor Ekta Union, Sunil Gupta vs Kiran Girhotra, etc.) to assess the concepts of “sufficient cause” and the necessity of hearing before an order affecting substantive rights.
  • The court noted that ABB Ltd. was the operational company under the Companies Act, its Power Grid Business was transferred/demerged to ABB Power Products and System India Ltd., which was later renamed Hitachi Energy India Ltd. The Scheme of Arrangement effecting this transfer was approved by the NCLT, Bangalore Bench, on 27‑11‑2019.
  • The court found that the 3‑April‑2025 order was passed without affording Hitachi Energy India Ltd an opportunity of hearing, violating natural justice, and that the petitioner’s explanation for delay was plausible and not mala‑fide.

Final Outcome

  • The court condoned the delay in filing the review petitions, allowing the applications IA No. 02/2025.
  • The impugned order dated 03‑04‑2025 is recalled.
  • ABB Ltd. is restored as appellant/respondent in MA No. 1456/2005 and MA No. 72/2006.
  • The Registry is directed to ensure that counsel for all parties appear at the next hearing so that the pending substitution applications (IA No. 4/2025) may be disposed of afresh after granting a reasonable opportunity of hearing to Hitachi Energy India Ltd.

Topics: Court Order, Corporate Restructuring, Natural Justice