LAWS(DLH)-2008-3-47

MADHU JAIN Vs. BSES YAMUNA POWER LIMITED

Decided On March 28, 2008
MADHU JAIN Appellant
V/S
BSES-YAMUNA POWER LIMITED Respondents

JUDGEMENT

(1.) ISSUE notice. Mr. Gupta accepts notice and states that the matter can be disposed of at this stage.

(2.) IN this proceeding, under Article 227 of the Constitution of india the petitioner claims to be aggrieved against the order dated 20. 3. 2008 whereby the learned Civil Judge declined his application for interim order to restore the electricity connection in terms of a deposit already made.

(3.) THIS litigation has somewhat chequered history; the petitioner had filed WP No. 16825-26/2006, being aggrieved by a bill for the sum of rs. 12,14,111. 00 issued by the respondent. That petition was disposed of by an order dated 29. 11. 2006. In its terms the petitioner was permitted to deposit 50% of the bill amount within 12 weeks of which Rs. 2,50,000/- was to be paid within four weeks. Subject to the condition a statement was recorded on behalf of the respondent that it would proceed against the petitioner under Section 135 r/w Section 154 of the Electricity Act. The electricity connection was directed to be continued in those terms. The petitioner carried the matter in appeal; the Division Bench issued notice on 2. 2. 2007 and as an interim measure reduced the deposit amount to 25%.