Delhi High Court
Ram Pal vs Tata Power Delhi Distribution ... on 14 August, 2020
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 14.08.2020
+ CM(M) 418/2020
RAM PAL ..... Petitioner
versus
TATA POWER DELHI DISTRIBUTION LTD. .... Respondent
Advocates who appeared in this case:
For the Petitioner : Dr. L.S. Chaudhary with Mr. Ajay Chaudhary and Mr. Manoj
Bhagat, Advocates.
For the Respondent: Mr. Manish Srivastava, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.18981/2020 (exemption from filing certified copies)
Exemption is allowed subject to all just exceptions.
CM(M) 418/2020 & CM APPL.18980/2020 (stay)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 07.08.2020 whereby, in the suit
filed by the petitioner, Trial Court merely issued notice and did not grant
an ex-parte ad interim injunction restraining the respondent from
disconnecting the electricity supply.
Digitally Signed By:KUNAL
MAGGU
Signing Date:14.08.2020 17:42:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel for the petitioner submits that the petitioner has
been litigating with the respondent for several years with regard to the
electricity bill and the Trial Court without noticing the urgency
simplicitor issued notice without granting an ex-parte ad interim
injunction and adjourned the matter to 26.11.2020.
4. Learned counsel for the petitioner further submits that after the
filing of the present petition, electricity has been disconnected.
5. Learned counsel appearing for the respondent, on advance notice,
submits that the Suit filed by the petitioner is not maintainable before the
District Judge as the same is specifically barred under Section 145 of the
Electricity Act, 2003 and the petitioner should have approached the
Appellate Authority under Section 127 of the Electricity Act, 2003. He
submits that the petitioner is liable to pay a sum of Rs.20 lakhs over and
above the current demand of Rs.2,71,658/-.
6. Learned counsel for the petitioner further submits that the District
Judge is exercising the powers of the Appellate Authority and as such,
he has filed the suit before the concerned District Judge.
7. Learned counsel for the petitioner further submits that current
demand of Rs.2,71,658/- has already been deposited with the concerned
authority on 13.08.2020.
8. Learned counsel for the petitioner further points out that by notice
dated 30.07.2020, 15 days time was granted to the petitioner to pay the
amount and the electricity was disconnected prior to the expiry of 15
days period.
Digitally Signed By:KUNAL
MAGGU
Signing Date:14.08.2020 17:42:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
9. Keeping in view the facts and circumstances of the case, it is
directed that the petitioner shall pay a sum of Rs.5 lakhs, on account,
besides clearing the current demand of Rs. 2,71,658/-, if not already paid
and on payment of the same, electricity supply shall be restored subject
to petitioner approaching the concerned Trial Court within a period of
one week with an application for advancing the date and for taking up
the application for grant of ad interim injunction on an early date.
10. It is clarified that the restoration of the electricity would be
subject to further orders to be passed by the concerned District Judge. In
case, the petitioner does not file any application within a period of one
week from today, respondent would be at liberty to once again
disconnect the electricity supply. Trial Court would be free to decide the
plea of the respondent with regard to the maintainability of the suit as
well as on merits without being influenced by anything stated in this
order.
11. Parties shall appear before the concerned Trial Court on
21.08.2020 for further proceedings.
12. Petition is, accordingly, disposed of in the above terms.
13. All rights and contentions of parties are reserved.
14. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsels through email.
AUGUST 14, 2020/ st SANJEEV SACHDEVA, J
Digitally Signed By:KUNAL
MAGGU
Signing Date:14.08.2020 17:42:55
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
