Hari Priya Marine Exports Pvt. Ltd v. Eastern Power Distribution Company Of Andhra Pradesh Ltd.,

THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.31005 of 2013 ORDER:

Heard Sri E.V.V.S. Ravi Kumar, learned counsel for petitioner and Sri M.Ravindra, learned Standing counsel for respondents.

2. The petitioner is a shrimp freezing and processing industry located at Veeravasaram Mandal of West Godavari District. It has a high tension power service connection with a contracted maximum demand of 550 KVA under Category No.I with H.T. Service No.ELR-373.

3. The petitioner is questioning a demand notice dt.2609-2013 issued by respondents demanding a sum of Rs.17,08,592/- under various heads from the petitioner.

4. The petitioner contends that it had not violated any terms and conditions of supply of power and respondents have also not issued any notice to it for any such violation and therefore petitioner is not liable to pay the said amount to respondents. Petitioner submits that it had filed a representation dt.13-09-2013 with respondents requesting to verify the demand and that respondents have not considered the same.

5.

On 30-10-2013 this Court granted stay of

disconnection of power supply connection of petitioner subject to petitioner depositing current monthly bill in addition to 50% of arrears as demanded in the proceedings dt.26-09-2013 issued by respondents. The time granted for such deposit was again extended on 0612-2013 in W.P.M.P.No.42508 of 2013. This order was admittedly complied with by the petitioner.

6.

Learned Standing counsel for respondents states that respondents will dispose of the representation submitted by petitioner within four weeks from the date of receipt of a copy of this order.

7.

In this view of the matter, the Writ Petition is disposed of directing the respondents to consider the representation dt.30-09-2013 submitted by petitioner within four (04) weeks from the date of receipt of a copy of this order and communicate their decision to petitioner. Pending such consideration, the respondents shall not disconnect the power supply to petitioner's unit. The payment made by petitioner pursuant to the interim order granted by this Court shall be subject to further orders, which may be passed by respondents after considering the petitioner's representation dt.30-09-2013. No costs.

8. As a sequel, miscellaneous petitions pending if any, in these Revisions shall stand disposed of.

___________________________________

JUSTICE M.S. RAMACHANDRA RAO Date: 30-11-2015 Vsv