M/S Bsbk Projects Pvt. Ltd. v. Chhattisgarh State Power Distribution Corp. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W rit Petition No.

of 20 M/s BSBK Projects Private Ltd., 21-A, Light Industrial Area, Bhilai, District Durg, Through authorized person P.K. Dass, S/o Late H.S. Dass, Aged about 52 years, resident of Plot No.648/U, Street No.38, Smriti Nagar, Bhilai, District Durg (C.G.) ---- Petitioner

Versus

1. Chhattisgarh State Power Distribution Co. Ltd., having its registered Office at Sewa Bhawan, Dangania, Raipur (C.G.) through its Managing Director.

2. Superintending Engineer (O&M) Chhattisgrh State Power Distribution Co. Ltd., Bhilai, District Durg (C.G.)

3. Executive Engineer (O&M) Chhattisgarh State Power Distribution Co. Ltd., Bhilai, District Durg (C.G.) ---- Respondents For Petitioner : Shri Ashish Shrivastava, Advocate & Shri Somya Rai, Advocate.

For Respondents : Shri K.R. Nair, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 2 8 /06/2017 (1) The petitioner has questioned the communication dated 29.04.2000 whereby supplementary bill of Rs.2,04,277.00 has been raised against him. (2) The petitioner, in compliance of this Court's order dated 9.8.2000, deposited 50% of the said amount and he is ready and willing to deposit the remaining amount.

(3) Per contra, counsel for the respondents would submit that the respondents/CSPDCL is entitled for surcharge on the pending bills. (4) I have heard learned counsel appearing for the parties and perused

the material available on record with utmost circumspection. (5) A careful perusal of the Order dated 9.8.2000 passed by this Court would show that this Court has directed if the petitioner deposited 50% of the amount as shown in communication dated 29.4.2000 within a week, the respondents/CSPDCL shall restore electricity supply immediately. (6) Thus, it appears that pursuant to the order of this Court, the petitioner has already deposited 50% of the amount as shown in the communication dated 29.4.2000 and he is continuing to enjoy the facility of electricity. Since the petitioner has already deposited 50% of the amount as shown in the communication dated 29.4.2000 and he is ready and willing to deposit 50% of the amount, the writ petition stands finally 0disposed of with a direction to the petitioner to deposit remaining 50% of the amount within a period 10 days as shown in the communication dated 29.04.2000. (7) However, if the said amount is not deposited by the petitioner within a period of 10 days, the respondents/CSPDCL would be entitled to proceed in accordance with law.

Sd/- (Sanjay K. Agrawal) Judge D/-