Kerala High Court
Sushil Vijoy Arora vs Kerala State Electricity Board Limited on 3 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 3RD DAY OF APRIL 2024/14TH CHAITHRA, 1946
WP(C) NO. 13499 OF 2024
PETITIONER:
SUSHIL VIJOY ARORA,
AGED 62 YEARS,
MANAGING DIRECTOR,
M/S NAVAGRAHA WARE HOUSING & MINERALA (P)
LIMITED, DD VYAPAR BHAVAN,
ROOM NO:212,
2ND FLOOR, KP VALLON ROAD,
KADAVANTHRA,
ERNAKULAM, PIN - 682020
BY ADVS.
MANSOOR.B.H.
SAKEENA BEEGUM
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED
VYDYUTHI BHAVANAM,PATTOM,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETRAY,
PIN - 695004
2 SPECIAL OFFICER(REVENUE),
OFFICE OF THE SPECIAL OFFICER(REVENUE),
VYDYUTHI BHAVANAM,
PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SRI.RIJI RAJENDRAN
SRI.S.GOPINATHAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.13499/2024
:2:
JUDGMENT
Dated this the 3rd day of April, 2024
The writ petition has been filed by the petitioner
seeking direction to the 2nd respondent to extend the time
for payment under Ext.P3 One Time Settlement Scheme
for a further period of one month and to consider Ext.P4
request for waiving the interest therein. The petitioner
herein is an auction purchaser of a property in which
Revenue Recovery proceedings are pending for the
realisation of electricity charges by the previous owner of
the property.
2. As per Ext.P2, the petitioner has approached
the 2nd respondent seeking One Time Settlement facility to
clear the electricity charges and the 2 nd respondent
considered the One Time Settlement as per Ext.P3 and
reduced the interest rate from 18% to 5% for the period
from January, 2013 to 31.03.2024. Ext.P3 was
communicated to the petitioner through e-mail and as per
Ext.P3, the amount has to be remitted on or before
30.03.2024.
3. Thereafter, the petitioner has again submitted
Ext.P4 request seeking waiver of interest on electricity
charge arrears. The petitioner herein is the auction
purchaser and other attachments are also there in the
property, towards Sales Tax arrears and dues to other
Government Departments. Hence, the petitioner seeks
indulgence of this Court. Irreparable injuries and serious
hardships will be caused to the petitioner, if Ext P4 is not
considered, contends the petitioner.
4. Standing Counsel entered appearance on
behalf of respondents 1 and 2 and resisted the writ
petition. The Standing Counsel submitted that it is not
within the competence of the KSEB Limited to enlarge the
time granted under a One Time Settlement order and it is
for the Regulatory Commission to decide the said request.
5. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing
respondents 1 and 2.
6. Ext.P3 is the settlement of long pending
arrears. The petitioner is the auction purchaser of the
property. The dues claimed from the petitioner is in
respect of the period before the purchase of the property
by the petitioner. Under the settlement, the petitioner was
required to remit an amount of ₹19,97,489/- on or before
30.03.2024.
7. Ext.P3 order was served on the petitioner only
on 27.03.2024 and the petitioner has been required to pay
the amount by 30.03.2024, within a short span of three
days.
8. Taking into consideration the entire facts and
circumstances of the case, I am of the view that a
breathing time can be granted to the petitioner to remit the
amount under the settlement as figured in Ext.P3 order.
The writ petition is accordingly disposed of
directing that if the petitioner remits an amount of ₹10
lakhs on or before 15.04.2024 and the balance settlement
amount within a further period of two weeks, the terms of
settlement contained in Ext.P3 should be treated as
complied with.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 13499/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE CERTIFICATE
ISSUED BY OWNED BY THE AUTHORIZED
OFFICER, JM FINANCIAL ASSET RE
CONSTRUCTION COMPANY LIMITED DATED
29/9/2023
Exhibit P2 TRUE COPY OF THE OTS REQUEST
SUBMITTED BY THE PETITIONER DATED
23/2/2024
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED
27/3/2024 BEARING NO:SOR/ AMU3/
NCLT/ HTBS/ 4738/ 2023-24 ISSUED BY
THE SECOND RESPONDENT
Exhibit P4 TRUE COPY OF THE REQUEST DATED
27/3/2024 SUBMITTED BY THE
PETITIONER TO THE SECOND RESPONDENT.
