Item No.26
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.192 OF 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Pursuant to the order dated 01.02.2021 issuing notice to the
appellants calling upon them to show cause why contempt
proceedings should not be initiated against them, an affidavit has been
filed by the appellant No.2 tendering unqualified apology for the lapse
on his part and also on the part of his subordinates in restoring the
electricity supply to the premises of the respondent No.1 within the
time granted vide order dated 19.06.2020. While cautioning the appellants to be more careful in future when it comes to time bound compliances of the orders passed by this Court, the unqualified apology tendered by the appellants is accepted and the matter is closed in so far as the contempt proceedings are concerned.
2. Having regard to the fact that the order impugned in the present appeal is an interim order and the writ petition is pending consideration before the learned Single Judge and now that the electricity has been restored at the premises of the respondent No.1/writ petitioner, we are inclined to close the present appeal with directions to the parties to appear before the learned Single Judge for fixing a date for final arguments.
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3. Liberty is granted to learned counsel for the parties to cite the relevant decisions in support of their submissions, particularly, in the light of the submission made by learned Advocate General that in a recent decision of the Supreme Court in the case of Telangana State Southern Power Distribution Company Limited v. M/s. Srigdhaa Beverages reported at (2020) 6 SCC 404 it has been held that electricity dues being statutory in nature, wherever there exist electricity dues, whether quantified or not, they shall remain the liability of the purchaser in any auction notice and therefore, the respondent No.1 herein would be liable to reimburse the appellants for the outstanding electricity dues in respect of the subject premises. Parties shall appear before the learned Single Judge on 07.04.2021.
4. The present appeal is closed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 03.03.2021 Lur/pln W.A.No.192 of 2020 Page 2 of 2