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M/S Numaligarh Refinery Limited vs Jaipur Vidyut Vitran Nigam ...
2021 Latest Caselaw 2093 Raj/2

Citation : 2021 Latest Caselaw 2093 Raj/2
Judgement Date : 26 February, 2021

Rajasthan High Court
M/S Numaligarh Refinery Limited vs Jaipur Vidyut Vitran Nigam ... on 26 February, 2021
Bench: Ashok Kumar Gaur
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 880/2021

M/s Numaligarh Refinery Limited, Agra Road, Nh-11, Vii,
Kalakho, Dist. Dausa.
                                                                    ----Petitioner
                                    Versus
1.      Jaipur    Vidyut       Vitran    Nigam         Limited,    Through     Its
        Chairman, Vidyut Bhavan, Janpath, Jaipur -302005.
2.      Xen (O And M), Jaipur Vidyut Vitran Nigam Limited,
        Dausa
                                                                 ----Respondents
For Petitioner(s)          :     Mr.Archit Bohra
For Respondent(s)          :



         HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

                                     Order

26/02/2021

Learned counsel for the petitioner places reliance on the

judgment of the Apex Court passed in the case of Assistant

Engineer (DI), Ajmer Vidyut Vitran Nigam Limited & Anr.

Vs. Rahamatullah Khan reported in [(2020) 4 SCC 650] and

submits that the entire action of the respondents is vitiated in the

eyes of law and as such, by raising demand beyond the period of

limitation, the respondents cannot take action of disconnecting

electricity supply for recovery of additional demand.

Learned counsel submitted that during the proceedings

before the Settlement Commission, 25% amount was deposited

by the petitioner and later on, the petitioner deposited 25% of the

outstanding amount also before the Ombudsman.

(2 of 2) [CW-880/2021]

Issue notice of the petition as well as stay application,

returnable on 30th March, 2021. Notices be given 'dasti', if prayed.

In the meanwhile, if the petitioner deposits Rs.2,00,000/-

(Rs.Two Lac only) within a period of two weeks, the respondents

are restrained to disconnect electricity supply of the petitioner.

(ASHOK KUMAR GAUR),J

Preeti Asopa /18

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