M/S.Americorp Business v. The Superintendent Engineer

M.P.No.1 of 2015 in W.P.No.32611 of 2014 M.DURAISWAMY,J., Heard Dr.S.Venkateswaran, learned counsel appearing for the petitioner and Mr.P.R.Dileep Kumar, learned Standing Counsel appearing for the respondent.

2. The petitioner has filed the above miscellaneous petition to extend the time granted in the order dated 06.03.2015 to pay Rs.75,00,000/- (Rupees seventy five lakhs only) to the respondent by four weeks and correspondingly the time fixed for the complying with the rest of the terms of the said order.

3. By order dated 06.03.2015, this court directed the respondent to effect the Low Tension connection to the petitioner's premises in the place of existing High Tension service Connection on condition that the petitioner paying a sum of Rs.75,00,000/- (Rupees seventy five lakhs only) within a period of four weeks from the date of receipt of a copy of that order and a further sum of Rs.25,00,000/- (Rupees twenty five lakhs only) within two weeks thereafter. Further, the petitioner was directed to deposit a sum of Rs.1,09,98,381/- (Rupees one crore nine lakhs ninety eight thousand three hundred and eighty one only) in a Fixed Deposit under reinvestment

scheme in Indian Bank, High Court Branch initially for a period of one year, within a period of two weeks after the completion of six weeks period fixed in that order to pay a sum of Rs.1 crore as stated above. It was also made clear that the respondent shall effect the Low Tension connection to the petitioner's premises immediately on receipt of the initial payment of Rs.75,00,000/- in four weeks time.

4. Now, the petitioner has stated that the petitioner is not in a position to pay the said amount within the stipulated time.

5. Learned Standing Counsel appearing for the respondent has no objection for granting further time.

6. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the averments stated in the affidavit filed in support of the above petition, I extend the time by another four weeks to pay a sum of Rs.75,00,000/- from the date of receipt of a copy of this order and I direct the petitioner to pay a further sum of Rs.25,00,000/- (Rupees twenty five lakhs only) within two weeks thereafter and to deposit a sum of Rs.1,09,98,381/- (Rupees one crore nine lakhs ninety eight thousand three hundred and eighty one only) in a Fixed Deposit under reinvestment scheme in Indian Bank, High Court Branch initially for a period of one year in the name of the petitioner and the Fixed Deposit

receipt shall be handed over to the Registrar General of this court, within a period of two weeks after the completion of six weeks period fixed in this order to pay a sum of Rs.1 crore.

7. As already stated, the respondent shall effect the Low Tension connection to the petitioner's premises immediately on receipt of the initial payment of Rs.75 lakhs to be made by the petitioner in four weeks time. In the event of petitioner defaulting in complying with any of the conditions, the respondent is at liberty to disconnect the service connection. With these observations, the miscellaneous petition is disposed of. Rj 10.04.2015

M.DURAISWAMY,J., Rj M.P.No.1 of 2015 in W.P.No.32611 of 2014 10.04.2015