JESUS CALLS Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) THE above writ petition is filed for issuance of a writ of certiorarified mandamus to call for the records of the third respondent in Letter No. SE/CEDC/C/DFC/C/AAO/HT/HTSC.No.2045/D.No.211/11 dated 3.6.2011 quash the same and direct the third respondent to receive the penalty charges in installments.

(2.) THE petitioner challenges the demand made by the third respondent relating to violation of evening peak hour quota. By the impugned order, the petitioner was directed to pay the amount within seven days from the date of issuance of letter. In the impugned order itself there is a reference to the payment of similar claims in eight monthly installments which is an order passed by the Appellate Tribunal for Electricity,(APTEL), New Delhi . In the light of the above, the learned counsel appearing for the petitioner pleads that they should be given liberty to pay the amount demanded in the impugned letter as has been done in the cases pending before the Appellate Tribunal. In this regard the petitioner has given a representation on 8.6.2011 and that has not been considered in proper perspective. When interim order was granted by the appellate tribunal and the matter is pending before the Supreme Court, there is no reason for the respondents to modify or alter the condition except to direct the petitioner to deposit the amount in installments. In such view of the matter and taking into consideration of the submission of the learned counsel for the respondents that the Department is starved of funds to purchase power the following order is passed.

(3.) THE Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petitions areclosed.