Vipin Vig v. Bses Rajdhani Power Limited & ANR.
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2976/2020 VIPIN VIG .....Petitioner Through:
Mr. Vaibhav Dang, Advocate.
versus BSES RAJDHANI POWER LIMITED & ANR.
.....Respondents Through:
Mr. Sunil Fernandes, Standing Counsel for BSES with Mr. Shubham Sharma, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 13.07.2020 The hearing was conducted through video conferencing. CM APPL. 14856/2020 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed-off.
CM APPL. 14857/2020 (Exemption from court fee) 3.
Exemption allowed, subject to the condition that the applicant will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.
4.
The application stands disposed-off.
CM APPL. 14855/2020 (by petr. seeking extension of time for payment of last installment)
5. Issue notice.
6.
The learned counsel named above accepts notice on behalf of the nonapplicant. 7.
This application seeks the following reliefs:- "(a) the period for payment of the last instalment of Rs.2 lakhs, as fixed vide order dated 20.04.2020, be extended by at least 45 days;
(b) the petitioner be granted time 45 days time to pay the charges as demanded by the respondent vide bill 29.06.2020;
(c) the respondents be directed not to disconnect the electricity supply 1 meter connection (CA No. 100 136145) of the petitioner for a period of at least 45 days.
(d) such further order as deemed fit in favour of petitioner may be passed."
8. A schedule for payment of dues of Rs. 4 lacs in three instalments, was fixed by this court's order dated 20.04.2020. The first two instalments of Rs. 1 lac each have been paid. The final instalment of is due on Rs. 2 lacs is due on 15.07.2020. was fixed. Albeit the petitioner knew of his liability three months ago, he seeks some more time to arrange the said payment in view of the strained circumstances of the pandemic related slowing down of economic activity and dwindling of receipt of revenues. It is only because the aforesaid special circumstances of this case that there is opposition to the request for small extension of time, for payment of the balance dues. Furthermore, a fresh bill has been raised for an amount of Rs.3,51,520/-. This includes the Rs.2 lacs which is payable by 15.07.2020. Therefore, the Rs.2 lacs and Rs.67,630/-, levied for Late Payment Surcharge would need to be
deducted from the fresh bill. In effect, the petitioner would be required to pay an amount of Rs.83,890/- in the bill raised on 29.06.2020, regarding meter reading uptil 22.04.2020. Apropos the Rs.2 lacs, the petitioner seeks three more weeks to pay. 9.
In the circumstances, the date for payment of remaining amount of Rs.2 lacs is extended till 24.07.2020 and the amount of Rs.83,890/-, shall be paid by the applicant/petitioner by 18.08.2020.
10. Subsequent bills raised on meter readings after 23.04.2020 shall be duly honoured by the petitioner, in terms of the date specified in such bill(s).
11. The application stands disposed-off in terms of the above.
12. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail. NAJMI WAZIRI, J JULY 13, 2020 RW