Olympus (India) Pvt. Ltd. vs Delhi Electricity Supply ...
1994 Latest Caselaw 707 Del

Citation : 1994 Latest Caselaw 707 Del
Judgement Date : 24 October, 1994

Delhi High Court

Olympus (India) Pvt. Ltd. vs Delhi Electricity Supply ... on 24 October, 1994

Equivalent citations: 1994 IVAD Delhi 876, 56 (1994) DLT 570

Author: R Lahoti

Bench: R Lahoti

JUDGMENT

R.C. Lahoti, J.

(1) These are several applications pending for consideration. Each of the application has sought for an ad-interim injunction against the defendant Desu from disconnecting the electric supply to the petitioner and restraining the alleged illegal recovery. In the main petition under Section 20 of the Arbitration Act, 1940 this Court has appointed Mr. G.C. Jain, a former Judge of this Court to adjudicate upon the disputes arising between the parties. The Arbitrators seized of the proceedings. The proceedings before this Court are contained to interim reliefs during the pendency of the proceedings before the Arbitrator.

(2) The subject matter of controversy between the parties are three, namely (i)the recovery of minimum guarantee charges plus the energy charges, (ii) the low power factor charges and (iii) the load violation charges. It is conceded by the learned Counsel for the petitioner that in view of the judgment of the Supreme Court in the case of M.C.D. v. Asian Art Printers, the dispute in so far as the recovery of minimum guarantee charges plus energy charges isconcerned, does not survive for adjudication and hence the petitioner is prepared to pay the bills to that extent. In so far as the load violation charges are concerned,the same have been dropped by the defendant and so the controversy on that account does not survive for decision. In so far as low power factor surcharge isconcerned, the parties would await the decision of the Arbitrator.

(3) In view of the above said facts, it is directed that all the interlocutory applications shall stand rejected and the interim orders passed by this Court shall stand vacated in so far as the recovery of minimum guarantee charges plus energy charges is concerned. In so far as low power factor surcharge is concerned, the parties would await the decision of the Arbitrator and the supply of electricity of the petitioner shall not be withheld merely for non-payment of low power factorsurcharge.

IAS10940/93,658/94,1121/94,1885/94,2956/94,3761/94,5123/94,6416/94and 8514/94 stand disposed of accordingly. --- *** ---

THE main suit has already stood disposed of vide order dated 5.11.93.