Shri Devinder Khosla And ANR v. Bses Rajdhani Power Limited And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2329/2016 & CM No.10043/2016 SHRI DEVINDER KHOSLA AND ANR ..... Petitioners Through:

Mr. Sourabh Malhotra and Ms.

Sahiba Pantel, Advs.

versus BSES RAJDHANI POWER LIMITED AND ANR..... Respondents Through:

Mr. Sunil Fernandes, Standing Counsel for BSES RPL with Mr.

Deepak Pathak, Adv.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 05.04.2016 1.

Learned counsel for the respondents submits that the petitioner has an alternative remedy on approaching the Special Electricity Court and, therefore, the Writ Petition is not maintainable. 2.

Learned counsel for the petitioners submits that the petitioners have to deposit the entire bill amount of Rs.1,34,090/- which is onerous and subject to the petitioners being permitted to make payment of the 50% of the bill amount to the respondents without prejudice to their rights and contentions, the petitioner would approach the Special Electricity Court within 30 days. 3.

Learned counsel for the respondents on instructions submits that subject to the petitioner depositing 50% of the bill amount of Rs.1,34,090/- with the respondents within four weeks and continuing to pay the future bills as per consumption, the respondents shall not disconnect the electricity supply subject to the outcome of the Special Electricity Court. 4.

Learned counsel for the petitioners submits on instructions that the petitioners shall deposit 50% of the bill amount of Rs.1,34,090/- within 30

days and shall continue to pay future bills of consumption. 5.

Learned counsel for the petitioners submits that the petitioners have three more electricity meters and the petitioner shall deposit 50% of the bill amount in respect of those meters within 30 days and shall approach the Special Electricity Court with respect to those meters as well within 30 days. 6.

Learned counsel for the respondents submits that upon payment of the 50% of bill amount and the petitioner continuing to pay the future bills as per consumption, the electricity connection in respect of three more meters shall not be disconnected subject to the outcome of the Special Electricity Court.

7.

The Writ Petition and the pending application are disposed of in terms of the statements of the parties with liberty to the petitioner to approach the Special Electricity Court. Both the parties shall remain bound by the statements made before this Court.

8.

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

J.R. MIDHA, J.

APRIL 05, 2016 ak