R. D. EXTRUSIONS v. HARYANA STATE ELECTRICITY BOARD
2005-03-11
G.P.MATHUR, R.C.LAHOTI
body2005
DigiLaw.ai
ORDER 1. Leave granted. 2. The principal plea urged by the learned counsel for the appellant is that while considering an application filed by the respondent seeking clarification the High Court ought not to have recalled its earlier order dated d 4-1-1996 which had achieved finality. It seems that the appellants supply of electricity stood disconnected and by order dated 4-1-1996 in CM No. 9739-A of 1995 the High Court had directed the service connection of the appellant to be energised subject to compliance with certain terms and conditions as stated in the order. It also seems that the respondent Board subsequently revised its demand and sought for clarification from the High e Court so as to enforce the revised demand before energising the connection whereupon the impugned order dated 27-7-2001 came to be passed. 3. The submission of the learned counsel for the appellant is that a concluded order in favour of the appellant has been set aside and a new controversy has arisen which is now sought to be adjudicated upon while the f appellant is suffering everyday for want of connection having been energised. 4. The learned counsel for the appellant also submitted that the order dated 4-1-1996 has been complied with and the amount calculated in terms thereof has been deposited and yet the connection was not energised. The learned counsel for the respondent disputes the correctness of the statement so made. 5. Whether the order dated 4-1-1996 would have been recalled, or not and even if the order would not have been recalled and the respondent would have been left free to raise the demand, in either case a judicial adjudication on the demand raised by the respondent Board would have been called for. 6. We are, therefore, not inclined to interfere with the impugned order. The same is maintained but subject to the following directions which, in our opinion, would meet the ends of justice: (1) The appellant shall file an affidavit in the High Court and satisfy the High Court if the appellant has complied with the order dated 4-1-1996. If that order has been complied with then the High Court may direct the service connection to be energised within the time appointed by the High Court.
If that order has been complied with then the High Court may direct the service connection to be energised within the time appointed by the High Court. (2) The High Court would be at liberty to make such further interim orders as it may deem fit in the matter of payment as regards the current demands or the arrears. (3) As the petition is pretty old, the High Court may permit both the parties to bring additional facts on record by filing additional affidavits and consider the matter being heard and disposed of at an early date. (4) The High Court may also consider the appellants prayer for having the dispute resolved through adjudication by an arbitrator, preferably a former Judge of the High Court, in the interest of expeditious resolution of the disputes. 7. The appeal stands disposed of in the above terms. 8. No order as to the costs.