Southern Power Distribution ... vs M/S. Msn Laboratories Pvt. Ltd And ...
2021 Latest Caselaw 662 Tel

Item No.26

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                 AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                  WRIT APPEAL No.192 OF 2020

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    Pursuant to the order dated 01.02.2021 issuing notice to the

appellants calling upon them to show cause why contempt

proceedings should not be initiated against them, an affidavit has been

filed by the appellant No.2 tendering unqualified apology for the lapse

on his part and also on the part of his subordinates in restoring the

electricity supply to the premises of the respondent No.1 within the

time granted vide order dated 19.06.2020. While cautioning the

appellants to be more careful in future when it comes to time bound

compliances of the orders passed by this Court, the unqualified

apology tendered by the appellants is accepted and the matter is

closed in so far as the contempt proceedings are concerned.

2. Having regard to the fact that the order impugned in the present

appeal is an interim order and the writ petition is pending

consideration before the learned Single Judge and now that the

electricity has been restored at the premises of the respondent

No.1/writ petitioner, we are inclined to close the present appeal with

directions to the parties to appear before the learned Single Judge for

fixing a date for final arguments.

3. Liberty is granted to learned counsel for the parties to cite the

relevant decisions in support of their submissions, particularly, in the

light of the submission made by learned Advocate General that in a

recent decision of the Supreme Court in the case of Telangana State

Southern Power Distribution Company Limited v. M/s. Srigdhaa

Beverages reported at (2020) 6 SCC 404 it has been held that

electricity dues being statutory in nature, wherever there exist

electricity dues, whether quantified or not, they shall remain the

liability of the purchaser in any auction notice and therefore, the

respondent No.1 herein would be liable to reimburse the appellants for

the outstanding electricity dues in respect of the subject premises.

Parties shall appear before the learned Single Judge on 07.04.2021.

4. The present appeal is closed along with the pending

applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J

03.03.2021 Lur/pln