M/S. Variety Polysters Limited, v. Southern Power Distribution Company Of A.P.Limited

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.15018 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The Writ Petition is being disposed of at the stage of admission with the consent of parties.

The petitioner is a spinning mill having HT-1 connection No.TPT 270 with a contracted maximum demand of 1000 KVA. As per the affidavit filed in support of the Writ Petition, the petitioner-Company suffered loss and was not in a position to pay current consumption charges. The unit was closed on 31.07.2014 as the respondents disconnected the power supply. However, the unit was reopened on 19.01.2015. While so, the respondents issued a bill for March, 2013 for Rs.10.00 lakhs demanding the petitioner to pay on or before 12.04.2015 with grace period upto 25.04.2015. It is stated that, due to market condition, the petitioner was not in a position to pay the said amount within the specified period. However, the petitioner paid the said amount on 18.05.2015. When the petitioner received bill for the month of April, 2015 on 26.04.

2015, mentioning the last date as 11.05.2015 with grace period upto 25.05.2015 for an amount of Rs.10,37,334/-, the present Writ Petition is filed seeking further time. Learned Standing Counsel appearing for the respondents, on instructions, submits that the petitioner is in the habit of filing Writ Petitions seeking extension of time on receipt of every C.C. bill for each quarter for the last one year.

I have perused the affidavit filed in support of the Writ Petition and the said fact, as raised by the learned Standing Counsel for the respondents, was not mentioned in the affidavit. It is not disputed by the learned counsel for the petitioner that earlier the petitioner filed Writ Petition and, by virtue of the orders of this Court, he got time to pay monthly charges in that case. In view of suppression of facts, this Court is not inclined to entertain the present Writ Petition.

The Writ Petition is, accordingly, dismissed. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________________ A. RAMALINGESWARA RAO,J Date:04.06.2015 usd