SUDERA REALTY PRIVATE LIMITED Vs. OM PRAKASH CHACHAN

JUDGEMENT

(1.) The defendant in a suit, inter alia, for a declaration that the defendant-landlord cannot claim electricity charges consumed at the plaintiffs' respective tenancies at a higher slab than that fixed by CESC Limited, has filed the present revisional application. The defendant was initially called 'Sudera Enterprises Pvt. Ltd.', but was subsequently re-named 'ABL International Limited' and thereafter again changed to its present name, that is, 'Sudera Realty Private Limited'.

(2.) By the impugned order, two applications filed by the defendant/petitioner were rejected. The applications were respectively for a direction on the plaintiffs/opposite parties to pay the defendant at the rate of ten percent of the effective rate as paid by the petitioner to the CESC with retrospective effect from September 7, 2004, on account of electricity service charges towards transformation, conversion and distribution losses and to deposit in court the balance five percent of the said amount as per demand and for a direction to pay the defendant forthwith at least a sum equivalent to seventy five percent of the amount due to the defendant on account of electricity service charges towards amortization/proportionate distribution cost and to deposit in the suit an amount equivalent to fifty percent of the delayed payment surcharge, both as mentioned in annexure-D thereto to secure the defendant in view of surrender of tenancy by some of the plaintiffs.

(3.) Upon filing the said suit, the opposite parties had obtained an order of injunction on October 5, 1991, restraining the defendant/petitioner from disconnecting electric supply to their respective tenancies. The matter went up to the Supreme Court, where the opposite parties gave an undertaking that they would continue to pay electric charges, both arrears and current, and the petitioner gave an undertaking that it would not disconnect electric supply to the tenancies.