M/S Sai Lakshmi Tulasi Ferros Pvt. Ltd., v. The Southern Power Distribution Company

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.18313 of 2017 ORDER:

Heard learned counsel for the petitioner and perused the writ affidavit averments and the previous orders passed by other Benches of this Court in W.P.Nos.17341 of 2016 & 8642 of 2017 and the impugned demand for Rs.98,80,080/- for April and May, 2017 amounts (bill of April dated 05.05.2017 for Rs.41,44,920/- and bill of May dated 05.06.2017 for Rs.57,35,160/-) and also recorded the offer of Smt. J.Koteswari Devi, learned Standing Counsel for respondents to file vakalath and counter, in saying they already got instructions and by recording the submission that the party cannot be allowed to make the payments as installments.

Having regard to the above and from the fact that the petitioner has to pay pursuant to the proceedings in memo dated 24.12.2016, an amount of Rs.16,25,000/- per month which is general benefit conferred to persons of similar situation in ordering 24 installments for payment of the amount. Pursuant to the order dated 03.06.2016 in W.P.No.17341 of 2016 passed after hearing by another Bench of this Court in payment of installments and the amounts thereunder undisputedly cleared and coming to the subsequent order in W.P.No.8642 of 2017 dated 13.03.2017 in directing to pay instantaneously out of the demand of Rs.86,86,523/-, an amount of Rs.11,86,523/- within one week from the date of order and the balance to pay in 5 equal monthly installments from April, 2017.

Dr. SSRB,J From the submission of the installments of April and May, 2017 so far paid and having regard to the above, the Writ Petition is disposed of with a direction to clear all the arrears due for the amount of Rs.86,86,523/- covered by the earlier writ petition issue in W.P.No.8642 of 2017, with an undertaking to pay the same by end of this month. So far as the other arrears covered by the present writ petition for an amount of Rs.98,80,080/- concerned, to pay in four (04) equal monthly installments commencing from July, 2017 payable by end of each month, with interest component. Any non-payment of single installment, the authorities without reference to this Court can levy and recover and take any further coercive steps.

Consequently, miscellaneous petitions, if any, shall stand closed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 08.06.2017 ska