Maharashtra State Electricity Distribution Co. Ltd. v. M/S. Extrussion And Accessories Pune And ANR.

osk 41-wp-10127-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10127 OF 2018 Maharashtra State Electricity Distribution Co. Ltd.

...

Petitioner V/s.

M/s. Extrussion and Accessories Pune & Anr. ... Respondents ----- Mr.Arsh Misra i/b. M.V. Kini & Co. for Petitioner. Mr.S.R. Nargolkar i/b. Mr.Aumkar Joshi for Respondent No.1. Mr.Niranjan Katariya, Director of Respondent No.1. CORAM : A.S. GADKARI, J.

DATE : 14th June 2019.

P.C. :

1] The learned counsel appearing for the petitioner tendered across the bar a latest assessment report of the amount to be paid by the respondent No.1. The same is taken on record. It is stated that following amounts are due and payable by the respondent No.1.

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osk 41-wp-10127-2018.odt Sr.No.

Description Amount Remaining amount as per Section 126 of Electricity Act 2003 Rs.3,91,853=00 Bill upto April 2017 Rs.74,685=00 Bill from Nov. 2018 to March 2019 Rs.23,979=00 Total interest on arrears from the date of dispute Rs.1,28,833=00 DPC and other charges from the date of dispute Rs.35,497=00 Current month interest Rs.8,613=00 Total Recoverable Due Rs.6,63,460=00 2] The record indicates that the respondent No.1 has already paid 50% amount of Rs.3,91,853/- to the petitioner-company which is recorded in the impugned order dated 04/10/2017. The respondent No.1 is yet to pay remaining 50% amount of Rs.3,91,853/- to the petitioner-company in pursuance of the impugned order as stated above. 3] Mr.Nargolkar, the learned counsel appearing for the respondent No.1, on instructions from the Director of respondent No.1 who is personally present in the Court, submitted that, the respondent No.1 will make payment of Rs.6,63,460/- as mentioned in the abovesaid assessment report to the petitioner-company.

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osk 41-wp-10127-2018.odt Mr.Nargolkar, the learned counsel, further on instructions submitted that, thus the respondent No.1 will pay the entire amount of Rs.6,63,460/- to the petitioner-company within a period of four weeks from the date of uploading of the present Order on the High Court website and would put an end to the entire litigation. The said statement is accepted.

4] Upon payment of Rs.6,63,460/- by the respondent No.1 to the petitioner-company, the petitioner-company shall issue 'No Dues Certificate' to the respondent No.1 within a period of one week from the date of receipt of the said payment, without any demur. 5] In view of the above, nothing survives in the present petition and petition is accordingly disposed off.

6] All the concerned to act on the basis of an authenticated copy of this Order.

[A.S. GADKARI, J.] 3/3