Mrigender Chauhan And ANR v. Bses Rajdhani Power Ltd And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 679/2016 MRIGENDER CHAUHAN AND ANR ..... Petitioners Through:

Mr. Rajiv Ranjan Mishra, Mr.Jitender Kumar, Advs. along with petitioner no.1 in person.

versus BSES RAJDHANI POWER LTD AND ORS ..... Respondents Through:

Mr.

Sunil Fernandes, Standing Counsel for BSES RPL with Mr.

Deepak Pathak, Adv. for respondent no.1.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 28.01.2016 WP(C) 679/2016 & CM 2791/2016 1.

Issue notice to respondent no.1 only.

2.

Learned counsel for respondent no.1 accepts notice and submits that respondent no.1 has raised a bill dated 26th December, 2015 for Rs.1,09,439/-(which includes the arrears of consumption charges) on petitioner no.2 which has not been paid till date. It is further submitted that petitioner no.2 has not submitted the requisite application for grant of a new electricity connection in her name. It is further submitted that upon payment of Rs.1,09,439/-; submitting the requisite application and completing the commercial formalities, the new electricity connection can be installed within two working days of completing the formalities. 3.

Petitioner no.1 present in Court submits that he has to recover Rs.25,000/- from respondent no.1 which may be adjusted out of the bill

amount of Rs.1,09,439/-.

4.

Petitioner no.1 undertakes to pay the balance bill amount of Rs.84,439/- (Rs.1,09,439 - Rs.25,000) in three monthly instalments in respect of which he has handed over a cheque for Rs.28,000/- and two postdated cheques for Rs.28,000/- and Rs.28,439/- to respondent no.1 in Court. Petitioner no.1 undertakes that three post-dated cheques shall be honoured on their first presentation. The undertaking of petitioner no.1 is accepted. 5.

Learned standing counsel for respondent no.1 on instructions submits that new electricity connection to petitioner no.2 shall be sanctioned upon completing the commercial formalities within two working days. It is further submitted that a sum of Rs.4,800/- is payable along with the application form.

6.

The petition and the pending application are disposed of in terms of the statements of both the parties who shall remain bound by the statement made before this Court.

7.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

JANUARY 28, 2016 dk