SPA/396/2022
2022 Latest Caselaw 3847 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                     HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI

                     SPECIAL APPEAL NO. 396 OF 2022

                          30TH NOVEMBER, 2022

BETWEEN:
Uttarakhand Power Corporation Ltd.                            .....Appellant.
And

M/s B.T.C. Industries Ltd.                                    ....Respondent.

Counsel for the Appellant : Mr. V.K. Kohli, learned Senior Counsel assisted by Mr. Dharmendra Barthwal, learned counsel.

Counsel for the Respondent : Mr. Bhupesh Kandpal, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Mr. Bhupesh Kandpal, learned counsel

appears and accepts notice on behalf of the respondent. We

have heard learned counsels and proceed to dispose of the

appeal at this stage.

2. The present special appeal is directed against the

order dated 07.11.2022, passed by the learned Single Judge

in Writ Petition (M/S) No.2735 of 2022, which reads as

follows:-

"Mr. Bhupesh Kandpal, learned counsel for the petitioner.

Mr. Dharmenra Barthwal, learned counsel for the respondents.

The defect is ignored for the time being.

Having heard learned counsel for the petitioner and learned counsel for the respondent, and keeping in view the financial hardships of the petitioner, issue Rule Nisi.

In the interregnum, it is directed that if the petitioner deposits a sum of Rupees Two Crores on or before 2nd December, 2022, the impugned Notification shall remain stayed till the next date of listing.

List this matter on 5th December, 2022. In the meantime, counter affidavit may be filed."

3. From the impugned order, it would be seen that the

same is an ad interim order. The writ petition is listed before

the learned Single Judge on 05.12.2022, and time has been

granted to the appellant, i.e. respondent in the writ petition,

to file the counter-affidavit in the meantime.

4. The submission of Mr. Kohli, learned Senior Counsel

for the appellant is that the respondent-writ petitioner, earlier

also preferred a writ petition being Writ Petition (M/S)

No.1551 of 2022. The Court had directed, in that writ petition

that the writ petitioner should deposit the amount of Rs.1.40

crores before the Registrar General of this Court within the

period of three weeks, and should continue to pay the current

dues of electricity to the respondent-appellant herein. On that

condition, protection was granted to the petitioner against the

disconnection of the electric connection No.3937, till the next

date of listing. This order was confirmed by the Division

Bench of this Court vide order dated 18.08.2022, passed in

the appeal preferred by the respondent-writ petitioner, being

Special Appeal No.273 of 2022.

5. He further submits that, admittedly, the

respondent-writ petitioner has not deposited the charges for

the months of September and October, 2022, which are to

the tune of Rs.2.43 crores and more. Therefore, protection

should not have been granted to the respondent-writ

petitioner.

6. On the other hand, Mr. Bhupesh Kandpal, learned

counsel for the respondent, submits that the impugned bills

issued by the appellant, include the arrears computed on the

basis of the Arbitral Award, which has been set-aside. He

further submits that the respondent-writ petitioner has paid

all the current charges for the months of June to August,

2022, punctually.

7. Having heard learned counsels, since the matter is

coming up before the learned Single Judge on 05.12.2022,

we dispose of the present special appeal by modifying the

impugned order. The protection granted to the respondent-

writ petition shall continue, provided the respondent-writ

petition makes payment of the complete dues towards the

consumption charges for the months of September and

October, 2022 by 02.12.2022, and also towards the

November, 2022. The bill for the month of November, 2022

shall be paid within time available under the law, once the bill

is raised.

8. The appeal stands disposed of in the above terms.

9. All the issues are left open for the learned Single

Judge to consider, without being influenced by our present

order.

10. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(MANOJ KUMAR TIWARI, J.) Dated: 30th November, 2022 NISHANT