Delhi High Court
Jp Polymers vs North Delhi Power Ltd. on 4 February, 2022
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 04th February, 2022
+ W.P.(C) 5241/2011
JP POLYMERS ..... Petitioner
versus
NORTH DELHI POWER LTD. ..... Respondent
Advocates who appeared in this case:
For the Appellant : Mr. Fanish Kr. Jain, Advocate
For the Respondent : Mr. Manish Kumar Srivastava and Mr. Akhil Hasija, Advocate
for the Respondent - North Delhi Power Ltd.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
CM APPL. 6309/2022 (for disposal)
This is an application on behalf of the petitioner seeking early
disposal of the petition.
Issue notice. Notice is accepted by learned counsel appearing for the
respondent. For the reasons stated in the application, the application is
allowed. The petition is taken up for hearing today.
W.P.(C) 5241/2011
1. The hearing was conducted through video conferencing.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:05.02.2022
Signing Date:06.02.2022 17:15:20 21:25
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
2. Petitioner has sought setting aside of speaking order dated
07.07.2011 and the bill raised by the respondent of Rs. 18,44,642/- against
K. No. 41405044042 installed at the premises bearing No. 367, Pocket E,
Sector 5, DSIDC, Bawana, Delhi -110039.
3. By speaking order dated 07.07.2011, dishonest of abstraction of
energy (theft of electricity) was held to be conclusively established against
the petitioner.
4. A criminal complaint was also filed by the respondent with the
Special Electricity Court with regard to the alleged dishonest abstraction of
energy.
5. By judgment dated 25.11.2021 the Special Electricity Court, after
considering the evidence led by the parties, has held that no case of theft of
electricity is made out. Petitioner has been acquitted by the said judgment.
6. On a query, learned counsel for the respondent concedes that no
appeal has been filed against the said judgment. He further submits that in
view of the judgment of the Special Electricity Court, Respondent shall not
be insisting upon the payment of the said bill.
7. In view of the above statement on behalf of the Respondent, the
impugned speaking order dated 07.07.2021 as well as the impugned bill are
set aside.
8. By order dated 26.07.2011 this Court had granted interim protection
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:05.02.2022
Signing Date:06.02.2022 17:15:20 21:25
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
to the petitioner subject to depositing a sum of Rs. 5 lakhs with the
respondent.
9. Learned counsel for the petitioner submits that in terms of Section
154(6) of the Electricity Act, 2003 the amount of Rs. 5 lakhs deposited by
the petitioner be refunded with interest prevailing as per the RBI Prime
Lending Rates.
10. Keeping in view of the facts and circumstances of the case and the
fact that said amount was deposited pursuant to an order passed by this
Court and also as respondent awards simple interest @ 6% on security
deposit, respondent is directed to refund the said amount with simple
interest calculated @ 6% per annum from the date of deposit till the date of
refund. The amount be refunded within a period of four weeks from today.
11. Petition is disposed of in the above terms.
12. Copy of the order be uploaded on the High Court website and be
also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
FEBRUARY 4, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:05.02.2022
Signing Date:06.02.2022 17:15:20 21:25
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
