VARDHMAN PROPERTIES LTD. Vs. NORTH DELHI POWER LTD.

JUDGEMENT

(1.) THE plaintiff has filed the present suit for recovery of a sum of Rs. 21,07,930/ - along with pendente lite and future interest @ 18% p.a. The plaintiff is a limited company duly incorporated under the Companies Act, 1956 and carries out construction of commercial properties on duly allotted land. The defendant is a licensee under the Electricity Supply Act, 1948 and is a distributor of electricity in North Delhi. The predecessor of the defendant is DVB, with which the plaintiff had the present arrangement, which forms the crux of the matter.

(2.) THE plaintiff was allotted plot No. 7, District Centre, Manglam Place, Sector 3, Rohini, Delhi (hereinafter referred to as "suit building") by way of an auction conducted by the DDA. After sanctioning of the building plan, the plaintiff approached the then licensee (DVB) to frame the electrification scheme of the building, for which the plaintiff and the licensee were to deposit 50% share each as part of the electrification charges.

(3.) AFTER much delay and subsequent to this Court's order in Civil Writ Petition No. 1496/2003 directing DVB to expedite the electrification, the same was done and the defendant sent letter dated 10 November, 2003 to the plaintiff stating therein that the suit building had been energized on 5 November, 2003.