Narayan Shrimantrao Mundhe v. Mahesh Nagor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 181 OF 2018 IN WP/11116/2014 DR.NARAYAN SHRIMANTRAO MUNDHE

VERSUS

MAHESH NAGOR ...

Advocate for the Petitioner : Shri P. B. Jadhav and Shri P. M. Shinde Advocate for the Respondent : Shri P. B. Paithankar ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 23rd March, 2018.

....

PER COURT :- 1] The petitioner alleges that the order dated 08/12/2014 passed by this Court in Writ Petition No.11116/2014, has been violated by the respondent/Electricity Distribution Company. He submits that his electricity supply has been disconnected by the respondent. This Court had specifically restrained the respondent from resorting to coercive steps with regard to the disconnection of the electricity supply to the petitioner's premises.

2] Learned counsel appearing suo-moto on behalf of the respondent submits that, in so far as the dispute as regards the bill of Rs. 38,000/- is concerned, the said issue is subject

matter of Writ Petition No. 11116/2014. The respondent has not resorted to any coercive steps for recovery of the said amount of Rs. 38,000/- since this Court has restrained the respondent from disconnecting electric supply. 3] Further he submits that taking shelter of the order of this Court dated 08/12/2014, the petitioner has not paid a single paise towards electricity bills though he has been consuming electricity from December 2014 onwards.

4] He further adds that whenever a bill is sought to be served on the petitioner, he does not accept bill and contends that he is protected by the order of the Honourable High Court. The respondent is willing to keep aside the bill as regards the notice, which is subject matter of Writ Petition No. 11116/2014 and is willing to prepare a separate bill excluding the said bill and serve it on the petitioner. 5] Learned counsel for the petitioner, on instructions, submits that if the respondent prepares a separate bill excluding the disputed bill of Rs. 38,000/- for the electricity consumed, he would pay the said bills in accordance with the system that mandates the consumer to pay electricity bills.

6] Shri Paithankar, therefore, submits that the Respondent would raise a fresh bill for the entire period of unpaid electricity dues except the disputed issue which is subjudice in the pending Writ Petition, within a period of seven days and would serve the said bill on the petitioner at his address mentioned in the petition on or before 28/03/2018. 7] The petitioner submits that he would accept the said bill whenever it is served and would immediately pay the same. 8] As such, the Respondent would serve the bills as observed above and the petitioner agrees to pay the entire amount as well as pay the regular bills for monthly consumption.

9] Considering the above statements, if the petitioner clears the bills as noted above, the respondent would reconnect the electricity supply, subject to regular monthly payments by the petitioner. Considering the above statement, this petition is disposed of.

(RAVINDRA V. GHUGE, J.) shp/-