Ashish Kumar vs Bses Rajdhani Power Ltd.
2010 Latest Caselaw 900 Del

03
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 9267/2009

      ASHISH KUMAR                   ..... Petitioner
                             Through       Mr. V.K. Goel, Advocate.

                    versus


      BSES RAJDHANI POWER LTD.             .... Respondent
                       Through            Mr. Sunil Fernandes, Adv.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA
           ORDER

% 16.02.2010

Counsel for the respondent, discom states that they will be filing a

complaint under Section 135 of the Electricity Act, 2003 before the Special Court

and substantiate their claim in the speaking order.

2. Counsel for the petitioner disputes the allegations made against the

petitioner and submits that the respondents themselves are at fault as they did

not download data with effect from 20th February, 2008. It is further submitted

that inference that the petitioner had indulged in DAE is not established because

the meter in question got burnt. Counsel submits that there can be several

reasons for burning of a meter. He states that if the respondents initiate any

action under Section 135 of the Electricity Act, 2003, they shall contest the same

in accordance with law.

3. The petitioner has already deposited Rs. 3 lacs with the respondent,

discom in terms of the order dated 26th May, 2009. In the said order it is recorded

WPC No.9267/2009 Page 1 that on the petitioner depositing Rs. 3,00,000/- with the respondents, the

respondents shall not take any coercive steps against the petitioner. The said stay

order will continue and will be subject to further orders, which will be passed by

special Court. In case the respondents do not file any complaint under Section

135 of the Electricity Act, 2003 within a period of six months, they will lose their

claim on Rs. 3,00,000/- deposited by the petitioner and the said amount will be

adjusted against future demands. This order is made in view of disputed facts

raised which cannot be decided without recording oral evidence.

4. It is clarified that special Court will independently apply its mind without

being influenced by the observations made in this order. It will be open to the

special Court to modify the interim order.

The writ petition is disposed of.

SANJIV KHANNA, J.

       FEBRUARY 16, 20100
       NA




WPC No.9267/2009                                                              Page 2