Sumit Kathuria v. Bses Yamuna Power Ltd And ANR

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4497/2016 SUMIT KATHURIA ..... Petitioner Through:

Mr. Vikram, Adv.

versus BSES YAMUNA POWER LTD AND ANR ..... Respondents Through:

Mr. Deepak Pathak, Adv.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 18.05.2016 CM 18720/2016 Allowed subject to just exceptions.

W.P.(C) 4497/2016 & CMs 18719/2016 1.

The petitioner has challenged the final assessment order dated 6th April, 2016 and the bill dated 8th April, 2016 for Rs.5,79,885/-. 2.

Learned counsel for the respondent submits that the petitioner has an equally efficacious remedy of an appeal under Section 127 of the Electricity Act, 2003 before the appellate authority, namely, ADM (East). 3.

Learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file the appeal before the appellate authority. 4.

This petition is dismissed as withdrawn with liberty as prayed for. If the appeal is filed within a period of six weeks from today, the respondent shall not raise the objection as to the limitation. The respondent shall also not disconnect the electricity connection for a period of six weeks to enable the petitioner to avail the remedy of appeal in accordance with law. 5.

CM 18719/2016 is disposed of.

6.

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

J.R. MIDHA, J.

MAY 18, 2016/dk