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