Prasad Explosives & Chemicals v. Jharkhand Urja Vikas Nigam Limited
2015-03-31
APARESH KUMAR SINGH, VIRENDER SINGH
body2015
DigiLaw.ai
ORDER Virender Singh, C.J. L.P.A. No. 530 of 2014 1. Heard learned counsel for the appellant and perused the impugned judgment . 2. We do not find any infirmity in the impugned order, calling for interference. Resultantly, the instant appeal, being devoid of any merit, stands dismissed. I.A. No. 1668 of 2015 3. Consequent to the dismissal of the main appeal, the present application for staying of operation of the impugned judgment, also stands dismissed. I.A. No. 1768 of 2015 4. Learned counsel for the appellant states that through the instant application, the applicant-appellant is seeking 2.restoration of electrical connection as the electrical connection of the business premises of the applicant- appellant has been disconnected on account of non payment of amount of Rs. 10,82,065/- demanded vide notice dated 18th February, 2015. 5. Per contra, Mr.Ajit Kumar submits that, in fact, along with the notice, complete assessment order was enclosed and pasted outside the business premises of the applicant-appellant and that as per the provisions of Section 126 of the Electricity Act, 2003 the respondent-Electricity Company waited for complete one month and thereafter only disconnected the electricity connection. 6. Mr.Ajit Kumar states that the applicant-appellant is already in arrears of Rs.8.00 lacs and some odd amount, which is the running arrear and entire amount due is Rs.18.00 lacs and odd as mentioned in the notice itself. 7. Viewed thus, we do not find any substance in the instant application for the relief sought herein. Dismissed. 8. At this stage, counsel for the applicant-appellant states that the applicant-appellant is facing acute financial crunch and he is not in a position to deposit the entire amount in one go. Learned counsel submits that the applicant-appellant is ready to deposit a sum of Rs.10.00 lacs as first installment and balance amount will be deposited in two equal monthly installments, excluding the regular bills which the applicant-appellant, in any case, will have to pay after restoration of the connection. Learned counsel submits that electrical connection may be restored on deposit of first installment (Rs.10.00 lacs). 9. Mr. Ajit Kumar, appearing for the Electricity Company does not oppose the offer made by the applicant-appellant. 10. We accede the prayer made by applicant-appellant. On deposit of Rs.10.00 lacs (Rupees ten lacs), electricity connection of the business premises of applicant-appellant shall be restored.
9. Mr. Ajit Kumar, appearing for the Electricity Company does not oppose the offer made by the applicant-appellant. 10. We accede the prayer made by applicant-appellant. On deposit of Rs.10.00 lacs (Rupees ten lacs), electricity connection of the business premises of applicant-appellant shall be restored. In case, the applicant-appellant defaults 3.in making payment of second installment or any of the current monthly bill for another two consecutive months, Electricity Company shall be at liberty to disconnect the electricity connection of business premises of the applicant-appellant. 11. The deposit to be made by the applicant-appellant shall be without any prejudice to the rights available to him under the Act.