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2018 DIGILAW 2598 (PNJ)

Kataria Trading Company v. Punjab State Power Corporation Limited

2018-06-05

LISA GILL

body2018
JUDGMENT Mrs. Lisa Gill, J.: This appeal has been filed for setting aside order dated 25.05.2018 passed by the learned Additional District Judge, Jalandhar limited to the extent of imposition of 50% of the penalty amount for restoration of the electricity connection of the appellant. The appellant has further restricted his claim to the extent that he does not challenge the amount/sum of penalty but seeks permission to deposit the amount of 50% of the penalty amount in installments. Notice of motion was issued in this case while taking note of the appellant’s submission. 2. Learned counsel for the appellants submits that CRM No.M-24762 of 2018 was filed by appellant No.2 (proprietor of appellant No.1-firm) seeking anticipatory bail in FIR No.406 dated 26.04.2018 under Section 135 Electricity Act, 2003, Police Station Anti Power Theft, Jalandhar. 3. Appellant No.2 has undertaken to deposit a sum of Rs. 10,00,000/- on or before 07.06.2018 and thereafter another sum of Rs. 10,00,000/- on or before 07.07.2018 towards the amount of penalty. Appellant No.2 present in Court (duly identified by his counsel), undertakes that 50% of the penalty amount in terms of decision dated 25.05.2018 passed by the learned Additional District Judge, Jalandhar shall be deposited in four monthly installments of Rs. 10,00,000/- each and the last installment would be of Rs. 11,14,994/-. Appellant No.2 undertakes to abide by his undertaking in CRM No. M-24762 of 2018. Each installment, it is stated, shall be deposited by the 7th of each month. The first installment of Rs. 10,00,000/- would be deposited on 07.06.2018. 4. Learned counsel for the respondents, on instructions from Inderjit Singh, XEN, Jalandhar who is present in Court, submits that there is no objection by the department, in case the appellants abides by the undertaking given by him before this Court as well as in CRM No.M-24762 of 2018. On deposit of the first installment of Rs. 10,00,000/- on 07.06.2018, the electricity connection shall be restored. However even on a single default in the deposit as above, electricity connection shall be immediately disconnected without any notice. 5. In view of the specific stand of the respondents, the appellant is permitted to deposit 50% of the penalty in four installments of Rs. 10,00,000/- each and the fifth installment of Rs. 11,14,994/- by the seventh of each month. The first installment shall be deposited on or before 07.06.2018 upon which the electricity connection be restored. 5. In view of the specific stand of the respondents, the appellant is permitted to deposit 50% of the penalty in four installments of Rs. 10,00,000/- each and the fifth installment of Rs. 11,14,994/- by the seventh of each month. The first installment shall be deposited on or before 07.06.2018 upon which the electricity connection be restored. However in case of any default on the part of the appellant, the respondents are at liberty to disconnect the same. 6. With modification as above in order dated 25.05.2018 passed by the learned Additional District Judge, Jalandhar, this appeal is disposed of.