Renu Kumar v. M/S Bses Rajdhani Power Ltd.

$~67 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10188/2018 & C.M. No. 39711/2018 RENU KUMAR ..... Petitioner Through Mr.Nupur Kumar, Adv. with Ms.Priyansha Indra Sharma, Adv.

versus M/S BSES RAJDHANI POWER LTD.

..... Respondent Through Mr.Sunil Fernandes, Standing counsel for BSES.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.09.2018 CM No. 39711/2018 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(C) 10188/2018 1.

The petitioner has filed the present petition, inter alia, praying that direction be issued to the respondent to grant new electricity connection in the name of the petitioner at the premises bearing no. G381A, First Floor, Phase-6, Adarsh Enclave, Aya Nagar, New Delhi-110047 (hereafter 'the premises').

2.

The petitioner states that the premises belongs to her mother-in-law. It is stated that that there are certain matrimonial disputes between the petitioner and husband and her in laws. It is stated that the petitioner's mother-in-law has already sold the first floor of the building in question and has also filed a suit (bearing CS No. 685/2018) for evicting the petitioner.

The petitioner also states that she has filed a complaint under Section 12 of the Domestic Violence Act, 2005.

3.

The learned counsel appearing for the respondent states, on instructions, that the electricity was being supplied to the first floor of the premises through an electricity connection in the name of the petitioner's mother-in-law. She has since applied to the respondent for disconnecting the same and at her instance, the electricity connection to the first floor has been disconnected.

4.

Clearly, the petitioner and her minor daughter cannot be deprived of electricity.

5.

In this view, the respondent is directed to provide electricity connection without insisting on a No Objection from the owner of the premises. This is subject to the petitioner complying with all procedural and commercial formalities. The petitioner shall deposit a sum of ₹5,000/- as additional security. It is further directed that the petitioner will continue to pay the consumption charges periodically.

6.

It is clarified that this order would not be construed as creating any right or equities in favour of the petitioner and shall not influence the proceedings already instituted or that may be instituted by the petitioner, her husband or her in-laws.

7.

The petition is disposed of in the above terms. 8.

Order dasti.

VIBHU BAKHRU, J SEPTEMBER 26, 2018/ab