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High Court of DelhiW.P.(C)/6837/2016

Techniks India v. Tata Power Delhi Distribution Limited

2016-08-05Hon'Ble Mr. Justice Manmohan2 pages

#46 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6837/2016 & CM APPLs. 28187-28188/2016 TECHNIKS INDIA ..... Petitioner Through Mr. Vineet Chadha and Mr. Ajay Kumar, Advocates versus TATA POWER DELHI DISTRIBUTION LIMITED ..... Respondent Through Mr. Manish Kumar Srivastava, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 05.08.2016 Present writ petition has been filed challenging demand letter dated 6th June, 2016 and bill dated 14th July, 2016 whereby petitioner has been directed to pay Rs. 7,25,294.86 and Rs. 17,43,089/- respectively. The bill dated 14th July, 2016 contains arrears to the tune of Rs. 6,47,787/-, current demand at Rs. 36,636/- and late payment surcharge at Rs. 10,58,745/-. Learned counsel for the petitioner states in violation of the directions given by this Court vide order dated 5th October, 2007 in W.P.(C) 7334/2007, the respondent has raised the impugned demands without giving a personal hearing to the petitioner. He further states that the alleged speaking order dated 8th May, 2008 relied upon by the respondent in the

impugned bill and demand letter has not been communicated to the petitioner till date.

Issue notice.

Mr. Manish Kumar Srivastava, Advocate accepts notice on behalf of respondent.

Though learned counsel for respondent disputes the fact that the petitioner has not received the speaking order dated 8th May, 2008, yet in consonance with the directions given by this Court vide judgment and order dated 5th October, 2007 passed in W.P.(C) 7334/2007 he states that he has no objection if the impugned bill and demand are set aside and the matter is remanded back for a fresh hearing.

Consequently, with consent of the parties the impugned bill dated 14th July, 2016 and demand letter dated 6th June, 2016 are set aside and the matter is remanded back to Mr. Jagesh Kishore, DGM, TPDDL, EAC Office, Sector 3, Rohini, Delhi for hearing and disposal. Petitioner's authorised representative is directed to appear before Mr. Jagesh Kishore on 19th August, 2016 at 11.00 a.m.

With the aforesaid directions, present writ petition and applications stand disposed of.

MANMOHAN, J AUGUST 05, 2016 rn