AWASIYA SAMAJIK SUDHAR SAMITI Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) The present petition has been filed under Section 9 of the Arbitration and Conciliation Act by Awasiya Samajik Sudhar Samiti, hereinafter described as the petitioner seeking that during the pendency of the arbitration proceedings an order should be passed staying the recovery of the amount demanded in the provisional bill sent by the respondent (Delhi Vidyut Board) and restrain the respondent from taking any coercive steps for recovery of the said amount. It further seeks a direction to direct the respondent to forthwith turn on the electric supply to the petitioner society and maintain uninterrupted supply of electricity.

(2.) The facts alleged are that the respondent was desirous of getting the Job of revenue realisation from persons using electricity from its source in designated pocket-1, Block L.Budha Bazar, Sangam Vihar, New Delhi. The petitioner society had agreed to carry on the said Job. An agreement dated 29/10/1999 was entered into between the petitioner society through its General Secretary and the respondent. Under the said agreement, the petitioner/society was to receive electricity in bulk at one point from DVB and distribute the electricity so received to the residents of the area, collect the electricity charges and made payment to DVB. The DVB's scope of work was supply in bulk supply of electricity at one or more points, providing metering arrangement for measuring the consumption of electricity to be delivered to the society.

(3.) On 16/11/2000 a fresh agreement was entered into for period ending 15/11/2001 on similar terms and conditions. The petitioner was entitled to get a commission of 25% of the revenue paid to DVB for the bulk supply. The agreement also contemplates the petitioner depositing a security equivalent to two months receivables. It contemplates a minimum revenue of 75% of the electricity recorded in the meters. As per the petitioner, it has been performing its duties in accordance with the agreement and terms and conditions. The petitioner society through its General Secretary Sohan Lal Kashyap is in occupation and possession of a separate office. The employees of DVB in the absence of Sohan Lal Kashyap had broken open the lock and put their own lock on the premises. They tampered with the electric fittings and disconnected the power supply. Certain other allegations that some cash was removed and they took away the broken logs. The whole locality was plunged into darkness because the supply of electricity was stopped.