Asha Gupta vs Bses Rajdhani Power Ltd.
2012 Latest Caselaw 1683 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+                             W.P.(C) 12441/2009

                                                     Decided on: 12.03.2012
IN THE MATTER OF
ASHA GUPTA                                                    ..... Petitioner
                          Through: Mr. H.L. Verma, Advocate

                     versus

BSES RAJDHANI POWER LTD.                            ..... Respondent
                   Through: Mr. Deepak Pathak, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (ORAL)

1. The present petition is filed by the petitioner praying inter alia

for quashing of the speaking order dated 02.09.2009 passed by the

respondent/BRPL and the consequent bill with the due date 22.09.2009.

2. Notice was issued on the present petition on 15.10.2009, on

which date, an interim order was passed directing the petitioner to deposit a

sum of `2 lacs in four equated monthly installments, and subject to the said

deposit, the remaining demand raised by the respondent/BRPL had been

stayed. An intra court appeal had been preferred by the petitioner against

the aforesaid interim order, registered as LPA No.577/2009, wherein vide

order dated 10.11.2009, the Division Bench had modified the interim order

dated 15.10.2009 and had directed that there would be an unconditional

stay of the demand raised by the respondent/BRPL against the petitioner in

respect of the impugned bill during the pendency of the present petition.

3. A perusal of the order sheets shows that thereafter the parties

had approached the Continuous Lok Adalat for exploring the possibility of

arriving at a negotiated settlement, which proceedings went on till

24.08.2011, when the matter was returned unsettled on the ground that the

parties could not arrive at a settlement.

4. Pleadings are complete in the matter. Counsel for the

respondent/BRPL states that a criminal complaint was filed against the

petitioner before the Special Electricity Court, registered as CC No.641/2010,

wherein a summoning order has been passed. However, due to the

pendency of the present petition and in view of the order passed by the

Division Bench, the Special Electricity Court is stated to have adjourned the

matter sine die vide order dated 09.01.2012. He states that as disputed

questions of facts have been raised in the present petition, it would be

appropriate if the parties are relegated to the aforesaid proceedings, for

them to place on record the oral and documentary evidence in their

possession for proper adjudication.

5. Counsel for the petitioner states that while he has no objection

to the aforesaid proposal, the petitioner be permitted to take all the pleas

that may be available to her, both in law and on facts before the Special

Electricity Court.

6. The present petition is disposed of with liberty granted to the

respondent/BRPL to approach the Special Electricity Court for revival of the

criminal complaint filed by it against the petitioner, whereafter summons

shall be issued to the petitioner in accordance with law. As and when the

petitioner enters appearance before the Special Electricity Court, she shall

be entitled to take all the pleas that may be available to her, both in law and

on facts. It is further directed that the order dated 10.11.2009 passed in

LPA No.577/2009 shall continue to operate in favour of the petitioner, till the

complaint filed by the respondent/BRPL is finally disposed of by the Special

Electricity Court.

A copy of this order be given dasti to the counsel for the

respondent/BRPL.

                                                        (HIMA KOHLI)
MARCH       12, 2012                                       JUDGE
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