M/S. Haripriya Marine Exports P. Ltd. v. Eastern Power Distribution Company Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF FEBRUARY, TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1607 of 2015 BETWEEN M/s.Haripriay Marine Exports Pv. Ltd., Rep. by its Managing Director.

... PETITIONER AND Eastern Power Distribution Company of Andhra Pradesh Ltd., rep. by its Managing Director and others.

...RESPONDENTS The Court made the following:

ORDER:

Heard learned counsel on either side.

2. Petitioner Company, through its Managing Director, questions the impugned proceedings of respondent No.2 dated 19.05.2014, wherein petitioner was given one month's termination notice of service disconnection on the ground of non-payment of the arrears of Rs.46,16,569.24 ps. Petitioner states that the Company became sick and accordingly he could not pay the electricity consumption charges and thereby the power was disconnected. However, petitioner states that efforts are being made to restore the business and for that purpose election connection is necessary. Hence, petitioner states that he is ready to pay the entire arrears but seeks

reasonable instalments to be fixed for payment of the entire arrears, as specifically stated in paragraph 7 of the affidavit filed in support of the petition. 3 Learned standing counsel for the respondents also fairly submits that if the petitioner pays the entire arrears amount in three equal instalments, the impugned proceedings for termination will not be enforced.

4. In view of that, the writ petition is disposed of permitting the petitioner to pay the arrears in the following manner:

1.

Petitioner shall deposit a sum of Rs.20,00,000/- (Rupees twenty lakhs only) within four weeks from today before respondent No.2. 2.

Petitioner shall pay the balance amount along with the minimum charges up to the date of payment in two equal monthly instalments in the similar manner before respondent No.2.

3. Subject to fulfillment of the conditions aforesaid, the respondents shall not terminate the electricity connection given to the petitioner as per the impugned notice and after receiving the entire arrears shall consider restoring the power supply to the petitioner on the usual terms and conditions.

4. In default of compliance with the conditions, respondent No.2 shall be at liberty to proceed further.

As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J February 6, 2015 LMV