High Court of Delhi was dealing with the petition seeking a direction to the respondent to grant a fresh electricity connection in the name of either of the petitioners at a shop.
Petitioner’s Contention:
Learned counsel for the petitioner submitted that even though there is an interim order in favour of the petitioner No.1, protecting the possession of the petitioner No.1, electricity supply has been disconnected by the defendants to the suit. He submitted that without prejudice to the said suit, an application was made by Petitioner No. 2 who is the son of Petitioner No. 1 and running his shop there from, for grant of a fresh electricity connection, but the same was rejected on the ground that there was an ongoing title dispute and court case pending in respect of the said property. It was submitted that since petitioner No.2 is the son of petitioner No.1 and is running the shop from the said premises, petitioner No.1 has given a ‘No Objection Certificate’ in favour of respondent No.2 for obtaining an electricity connection in his name.
Respondent’s Contention:
Learned Counsel for the respondent submitted that since there was a Civil Suit pending, connection has not been granted.
HC’s Observations:
After hearing both the sides Court stated that mere pendency of the Civil Suit would not be a ground to disentitle the petitioners from obtaining an electricity connection in their name, particularly, in view of the fact that the petitioners are in possession of the subject property.
HC allowed the present petition. BSES Rajdhani Power Ltd. was directed to grant an electricity connection to the petitioners, subject to petitioners complying with the requisite codal and financial formalities for grant of an electricity connection. HC stated that “it is clarified that the grant of electricity connection in favour of the petitioners would not amount to acknowledgement of any right in favour of the petitioners and shall also not grant any special equity in favour of the petitioners and the same would be without prejudice to the Rights and contentions of the Defendants in the Suit filed by the Petitioner No. 1.”
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Case Title: Shri Ashok Panwar & Anr. v. BSES Rajdhani Power Limited & Anr.
Case Details: W.P.(C) 3819/2022 & CM. APPLS.11316-17/2022
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