BABY ARYA Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (in short 'Act') seeking interim protection by way of restraining the respondent from in any manner recovering the amount of Rs.10,51,737.60 raised in the impugned bill either directly or indirectly and also from disconnecting, altering or otherwise affecting the continuous supply of electricity to the petitioner under the agreement dated 22/ 24/11/1999 during the pendency of the arbitration proceedings.

(2.) By way of an experiment, the respondent Delhi Vidyut Board (in short Board) decided to engage an agency or individual for getting the Job of revenue realising from persons using electricity from the source in the designated area on the basis of payment of commission for the services rendered by the said agency or individual. In the instant case, the respondent-Board entered into an agreement with the petitioner Smt. Baby Arya in respect of designed H Block Sangam Vihar, New Delhi. The petitioner agreed to pay minimum revenue of 75% of the electricity recorded in the meters provided by respondent board Jointly read on monthly basis. Clause 7 of the agreement provides that in the event of default respondent-Board will be entitled to terminate the agreement and the party committing an event of default which is capable of being remedied will be given a reasonable opportunity to remedy the default by a written notice. It was further agreed that petitioner shall indemnify respondent board against any claims, demands, costs and expenses whatsoever which may be against it because of failure of the petitioner or its representative in the performance of their duties and negligence, any accident or injury to any person or timely payment to any employee.

(3.) However, on 25/9/2000, a bill for the amount of Rs.10,51,737.00 was received by the petitioner stating therein that payment should be made by 26/9/2000 with the threat that FIR will be lodged in case of non-payment of bill before the due date.