Pankaj Mittal & ANR. v. Gajanan S. Kale & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 413/2025 CM APPL. 16034/2025 PANKAJ MITTAL & ANR.

.....Petitioners Through:

Mr. Parth Mahajan, Adv.

versus GAJANAN S. KALE & ANR.

.....Respondent Through:

Mr. Sandeep Sethi, Senior Advocate alongwith Mr. Manish Srivastava, Mr.

Moksh Arora, Mr. Ankit Bhushan and Ms. Riya Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 15.04.2025 1.

This petition has been filed alleging wilful disobedience of order dated 17th September 2024, passed by this Court in W.P. (C) 931/2019. The relevant part of the said order is extracted as under: 2.

The interim order referred to the order passed on 29th January 2019, which is reproduced hereunder:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Pursuant to the same Rs.5 lakhs was deposited and the electricity connection was restored. However, summons in the suit were only received on 11th February 2025 by Tata Power Delhi Distribution Ltd., and, therefore, since the time has expired to file a civil suit within 30 days, Tata Power Delhi Distribution Ltd had disconnected the electricity in December 2024. 4.

Counsel for petitioner, however, states that the suit was filed on 15th October 2024. However, it is stated that no interim orders have been passed and, therefore, petitioner's counsel states that relief granted by the Court shall continue.

5.

Mr. Sandeep Sethi, Senior Counsel for Tata Power Delhi Distribution The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Ltd., however, states that petitioner has still not paid their current demand as well, which has now accumulated to more than Rs.10 lakhs. 6.

Counsel for petitioner states that the whole issue was of over-charge and they ought to have been paid at half the rate at which the demand is made by Tata Power Delhi Distribution Ltd.

7.

Considering that the issue before this Court is merely of disconnection, the said relief, if any, sought by petitioner ought to be raised in the civil suit, which is now listed before the Suit Court on 27th May 2025. 8.

Counsel for the petitioner states that at the very least, electricity should be restored in the interim till further relief is granted in the civil suit. 9.

In order to show his bona fides, they are willing to deposit Rs.5 lakhs before this Court. The same be deposited with the Registry within a period of next 3 weeks which shall be kept in form of interest-bearing FDR. The said amount shall be adjusted towards the ultimate demand of the Tata Power Delhi Distribution Ltd. and subject to the outcome of the suit. 10.

This petition stands disposed of in above terms. 11.

Order be uploaded on the website of this Court. ANISH DAYAL, J APRIL 15, 2025/sm/bp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.