Delhi High Court
Vimlesh vs Bses Rajdhani Power Limited on 10 March, 2010
Author: Sanjiv Khanna
40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1620/2010
VIMLESH ..... Petitioner
Through Mr. S.K. Pandey, Adv.
versus
BSES RAJDHANI POWER LIMITED .... Respondent
Through Ms. Anjali Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 10.03.2010
1. Learned counsel for the respondent, discom states that she has obtained
instructions. As far as the bill at page 8 with due date 30 th April, 2008, is
concerned, it is stated that Mr. Prahalad had deposited Rs. 67, 382/- with the
respondent and the matter was settled. Learned counsel for the respondent,
discom states that the charges now demanded are for actual consumption as Mr.
Prahalad had not made any payment after 7th November, 2006 till the payment of
Rs. 50,000/- was made pursuant to the bill with due date 22nd January, 2008 at
page 10. Counsel for the petitioner, on the other hand, contends that the
electricity connection in the premises was not re-energized after disconnection in
2007, even on payment of Rs. 67,382/- and, therefore, there is no question of
further payment being made by the petitioner.
2. Counsel for the petitioner has produced before the Court copy of the
complaint filed by the respondent, discom against the petitioner, Smt. Vimlesh, in
which allegations of direct theft have been made on the basis of the inspection
dated 3rd September, 2008. It is stated that the petitioner has been asked to
deposit 15% of the bill amount of Rs. 5,57,359/- i.e. Rs. 75,000/- in the said case.
The petitioner will file on record photocopy of the papers received from the
Special Court.
3. Issue notice to show cause returnable on 21st July, 2010.
Notice is accepted by Ms. Anjali Sharma, Advocate on behalf of the
respondent, discom.
4. Counter affidavit will be filed within four weeks. Rejoinder affidavit, if any,
will be filed within four weeks after counter affidavit is served.
5. In case the petitioner deposits Rs.75,000/- as per the directions issued by
the Special Court, she will be entitled to apply for pre paid electricity connection
on completion of formalities. However, the petitioner will not be required to pay
the disputed bill, which is subject matter of the proceedings before the special
Court and any other bill for consumption on or after disconnection of the
electricity.
6. The petitioner will visit the office of the respondent, discom on 12 th March,
2010 at 2.30 P.M. for completion of formalities and submission of form etc.
7. The matter is also referred to continuous Lok Adalat. The parties will appear
before DHLSC on 19th March, 2010, when a date for appearance before continuous
Lok Adalat will be fixed.
Dasti to the counsel for the parties.
SANJIV KHANNA, J.
MARCH 10, 2010
NA
