Rajinder Singh Dhama vs Bses Yamuna Power Ltd
2010 Latest Caselaw 1365 Del

06
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 7139/2007

       RAJINDER SINGH DHAMA              .... Petitioner
                        Through             Mr. Madhu Mukul Tripathi, Adv.

                     versus

       BSES YAMUNA POWER LTD        .... Respondent
                         Through    Mr. Vikram Nandrajog, Adv.
       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA
             ORDER

% 11.03.2010

The respondent, discom has made allegations of direct theft of electricity.

The petitioner alleges that his tenant, if at all, was responsible for the direct theft

of electricity. The respondent, discom disputes the said statement and has stated

that there is no proof or material to show that the premises was let out to a

tenant, who had indulged in direct theft of electricity. It is the case of the

respondent, discom that the said averment is an afterthought.

Counsel for the petitioner relies upon the seizure memo/inspection report,

in which names of Mr. Kallu and Mr. Sanjeev Malik are mentioned. Counsel for

the respondent, discom states that Mr. Kallu was Manager of the petitioner and

this is specifically mentioned in the form of assessment of connected load,

wherein the name of the petitioner along with user Mr. Kallu and Manager have

been mentioned.

These are disputed questions of facts, which require oral evidence and cross examination of witnesses. It is stated by the counsel for the petitioner that

proceedings under Section 135 of the Electricity Act, 2003 have been initiated, in

which the petitioner is an accused. The petitioner is entitled to raise all

contentions including the contentions raised in the present writ petition before

the Special Court. Disputed questions of facts will be decided by the Special

Court.

With the aforesaid observations, the writ petition is disposed of.

SANJIV KHANNA, J.

MARCH 11, 2010 NA