CLASSIC DEVELOPERS A REGD. PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER SUSHIL MANTRI AND B.S.N. HARI S/O. LATE B.N. SATYANNA Vs. BANGALORE ELECTRICITY SUPPLY CO LTD., THE DEPUTY GENERAL MANAGER, THE EXECUTIVE ENGINEER AND KARNATAKA ELEC

JUDGEMENT

(1.) THE writ Petitioners have filed this application to amend the memorandum of writ petition to add ground No. 5.11 advancing a plea that the demand for payment of arrears, impugned in the petition, made 17 years after the disconnection of electric supply to M/s. Nandi Re -rolling Mills Pvt. Ltd., cannot be said to be within a reasonable time. It is stated that the relief in the writ petition is to declare the demand raised by the 3rd Respondent as illegal and void abinitio. The application is opposed by filing statement of objections of Respondents 1 to 3 interlaid contending that the amendment sought for after a lapse of 4 years from the date of institution of the writ petition suffers from latches and delay and there is no explanation forthcoming, and that the decision in The Bangalore Development Authority, rep. by its Commissioner Vs. Smt. Sumitradevi, ILR (2005) KAR 1386 relied upon in support of the proposed pleading, is inapplicable. The averments in the statement of objections to the writ petition, it is stated are to be read as part and parcel of the objections to the I.A. In addition, it is contended that there is no limitation prescribed for the Respondent/company to raise a demand and recover the same, and that the impugned demand is in accordance with the decision of the Apex Court in Paschimanchal Vidyut Vitran Nigam Ltd. and Others Vs. DVS Steels and Alloys Pvt. Ltd. and Others, AIR 2009 SC 647 .

(2.) HAVING heard the learned Counsel for the parties and perused the pleadings, undoubtedly the only objection to the amendment is that it is belated and filed 4 years after institution of the writ petition, while the other objections are on the merit of the proposed pleading.

(3.) IN the result, the application is allowed; Petitioner is permitted to file an amended writ petition by 3/2/2011. Respondents to file additional objections, if any, by 9/2/2011. List on 10/2/2011.