Delhi High Court
Sunil Kumar Aledia vs Bses Rajdhani Power Limited & Ors. on 30 November, 2021
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.11.2021
+ W.P.(C) 13547/2021 & CM. APPL. 42747/2021
SUNIL KUMAR ALEDIA ..... Petitioner
versus
BSES RAJDHANI POWER LIMITED & ORS. ..... Respondent
Through
Advocates who appeared in this case:
For Petitioners: Mr. Kamlesh Kumar Mishra, Advocate.
For Respondents: Mr. Sunil Fernandes and Mr. Subham Sharma, Advocates
for R-1 (Through VC)
Mr. Anuj Aggarwal, ASC, GNCTD with Ms. Aishwarya
Sharma, Ms. Ayushi Bansal and Mr. Sanyam Suri,
Advocates for R-2 & R-4 (Through VC)
Advocate for R-5 & R-6 (name not given)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 09.11.2021, whereby the
representation given by the petitioner was rejected and
respondent/BSES Rajdhani Power Ltd. is threatening to disconnect
the electricity supply of the petitioner.
2. Learned counsel for the petitioner submits that the petitioner
has already filed an appeal before ADM, South being the Appellate
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.12.2021
Signing Date:01.12.2021 19:24:20 09:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Authority under Section 127 of the Indian Electricity Act, 2003,
however, the appeal has not yet been taken up for consideration. He
submits that the petitioner has deposited 50% of the amount claimed
by the service provider.
3. Issue notice. Notice is accepted by learned counsel for
respondents No.1, 2, 5 and 6.
4. Learned counsel appearing for BSES Rajdhani Power Ltd.
submits that the cheque of the petitioner has been dishonoured and
accordingly, notices were issued threatening disconnection of
electricity. He submits that thereafter payment has been deposited as
claimed by the petitioner.
5. He under instructions submits that officers of the respondent
shall not take any coercive action till the time appeal is taken up for
consideration by the appellate authority.
6. In view of the above, this petition is disposed of, directing the
respondent No.2 i.e., ADM, (South) - the appellate authority, to take
up the appeal of the petitioner alongwith the stay application,
preferably within a period of two weeks from today.
7. It is directed that till the time the appeal is taken up by the
appellate authority, no coercive action shall be taken against the
electricity connection of the petitioner.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.12.2021
Signing Date:01.12.2021 19:24:20 09:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
8. It is clarified that continuance of interim protection granted to
the petitioner shall be thereafter subject to orders to be passed by the
appellate authority, if any.
9. The Appellate Authority shall consider the appeal and the stay
application in accordance with law without being influenced by
anything stated herein on merits.
SANJEEV SACHDEVA, J
NOVEMBER 30, 2021
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:01.12.2021
Signing Date:01.12.2021 19:24:20 09:43
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
