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1994 DIGILAW 718 (DEL)

OLYMPUS INDIA PRIVATE LIMITED v. DELHI ELECTRICITY SUPPLY UNDERTAKING

1994-10-24

R.C.LAHOTI

body1994
R. C. Lahoti ( 1 ) THESE are several applications pending for consideration. Each of the application has sought for an ad-interim injunction against thedefendant DESU from disconnecting the electric supply to the petitioner andrestraining the alleged illegal recovery. In the main petition under Section 20 of the Arbitration Act, 1940 this Court has appointed Mr. G. C. Jain, a former Judge of thiscourt to adjudicate upon the disputes arising between the parties. The Arbitratoris seized of the proceedings. The proceedings before this Court are contained tointerim reliefs during the pendency of the proceedings before the Arbitrator. ( 2 ) THE subject matter of controversy between the parties are three, namely (i)the recovery of minimum guarantee charges plus the energy charges, (ii) the lowpower factor charges and (iii) the load violation charges. It is conceded by thelearned Counsel for the petitioner that in view of the judgment of the Supremecourt in the case of M. C. D. v. Asian Art Printers, JT 1994 (5)SC 607 the dispute inso far as the recovery of minimum guarantee charges plus energy charges isconcerned, does not survive for adjudication and hence the petitioner is preparedto pay the bills to that extent. In so far as the load violation charges are concerned,the same have been dropped by the defendant and so the controversy on thataccount does not survive for decision. In so far as low power factor surcharge isconcerned, the parties would await the decision of the Arbitrator. ( 3 ) IN view of the abovesaid facts, it is directed that all the interlocutoryapplications shall stand rejected and the interim orders passed by this Court shallstand vacated in so far as the recovery of minimum guarantee charges plus energycharges is concerned. In so far as low power factor surcharge is concerned, theparties would await the decision of the Arbitrator and the supply of electricity ofthe petitioner shall not be withheld merely for non-payment of low power factorsurcharge. IAS 10940/93,658/94,1121/94,1885/94,2956/94,3761/94,5123/94,6416/94and 8514/94 stand disposed of accordingly. THE main suit has already stood disposed of vide order dated 5. 11. 93.