Citation : 2021 Latest Caselaw 10680 Raj
Judgement Date : 13 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8485/2021
M/s B.b. Food Udhyog, 663/4, Shekho Ki Dhani, Near Mandia Village, Pali, Rajasthan Through Its Manager Shri Ramesh Goyal S/o Shri Ramsukh Goyal, Aged About 59 Years, R/o 663/4,shekho Ki Dhani, Near Mandia Village, Pali, Rajasthan.
----Petitioner Versus
1. Jodhpur Vidhyut Vitaran Nigam Ltd., Through Its Managing Director, Jdvvnl, Ajmer, Rajasthan.
2. The Superintendent, Jodhpur Vidhyut Vitaran Nigam Limited (M And P-Zc / O And M) Pali, Rajasthan.
3. The Executive Engineer, Jodhpur Vidhyut Vitaran Nigam Limited (O And M) Pali, Rajasthan.
4. The Assistant Engineer, Jodhpur Vidhyut Vitaran Nigam Limited (Csd-Iii) Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Abhishek Sharma For Respondent(s) : Mr. Pradeep Sharma Mr. Mahesh Kumar Vyas, Xen. Pali, JdVVNL, present in person.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/07/2021
Heard.
Brief facts of the case are that the petitioner-firm is making
edible items and running its factory in District Pali. The petitioner-
firm has taken an electricty connection and claimed that it is
depositing the electricty consumption charges regularly as per the
bill raised by the respondent-company. It is further submitted that
on 26.05.2021, the respondent-company has raised demand of
Rs. 18,50,979/- from the petitioner-firm, which the petitioner-firm
(2 of 3) [CW-8485/2021]
has initially contested, but now it is admitted before this Court
that the demand raised by the respondent-company is
indisputable.
Learned counsel for the petitioner has made a limited prayer
that the respondent-company may be directed to accept the due
amount of Rs.18,50,979/- from the petitioner-firm in monthly
installments.
Taking into consideration the above submissions made by
counsel for the petitioner, this Court vide order dated 08.07.2021
has directed Mr. Pradeep Sharma to accept notice on behalf of the
respondents for the limited purpose as to why the respondent-
company be not directed to accept the dues from the petitioner-
firm in monthly installements of Rs.1,00,000/- per month.
Learned counsel Mr. Pradeep Sharma appearing for the
respondents has submitted that the respondents are ready to
accept the due amount of Rs.18,50,979/- from the petitioner-firm
in monthly installements of Rs.1,00,000/- subject to the condition
that the petitioner-firm should initially pay an amount of Rs.
2,00,000/- and will also deposit the monthly electricty bill along
with installements of Rs.1,00,000/- per month.
Learned counsel for the petitioner-firm is ready to the
proposition suggested by Mr. Sharma, who is appearing for the
respondents.
In view of the above, this writ petition is disposed of with a
direction to the petitioner-firm to pay an amount of Rs.2,00,000/-
on or before 31.07.2021. However, the petitioner-firm shall also
pay the remaining due amount of Rs.16,50,979/- in monthly
installements of Rs.1,00,000/- for sixteen months and
installement of Rs. 50,979/- for the seventeen month commencing
(3 of 3) [CW-8485/2021]
from the month of August, 2021. The petitioner-firm shall also
deposit the current monthly electricty bill charges without fail.
It is made clear that if any default is made by the petitioner-
firm in the above adjustment, the respondent-company is free to
take action against the petitioner in accordance with law.
Stay petition also stands disposed of.
(VIJAY BISHNOI),J
Surabhii/57-
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