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W.P.(C) 1620/2010
VIMLESH ..... Petitioner
Through Mr. S.K. Pandey, Adv.
Through Ms. Anjali Sharma, Adv.
JUDGMENT
1. Learned counsel for the respondent, discom states that she has obtained instructions. As far as the bill at page 8 with due date 30th April, 2008, is concerned, it is stated that Mr. Prahalad had deposited Rs. 67, 382/- with the respondent and the matter was settled. Learned counsel for the respondent, discom states that the charges now demanded are for actual consumption as Mr. Prahalad had not made any payment after 7th November, 2006 till the payment of Rs. 50,000/- was made pursuant to the bill with due date 22nd January, 2008 at page 10. Counsel for the petitioner, on the other hand, contends that the electricity connection in the premises was not re-energized after disconnection in 2007, even on payment of Rs. 67,382/- and, therefore, there is no question of further payment being made by the petitioner.
2. Counsel for the petitioner has produced before the Court copy of the 2010:DHC:1408 complaint filed by the respondent, discom against the petitioner, Smt. Vimlesh, in which allegations of direct theft have been made on the basis of the inspection dated 3rd September, 2008. It is stated that the petitioner has been asked to deposit 15% of the bill amount of Rs. 5,57,359/- i.e. Rs. 75,000/- in the said case. The petitioner will file on record photocopy of the papers received from the Special Court.
3. Issue notice to show cause returnable on 21st July, 2010. Notice is accepted by Ms. Anjali Sharma, Advocate on behalf of the respondent, discom.
4. Counter affidavit will be filed within four weeks. Rejoinder affidavit, if any, will be filed within four weeks after counter affidavit is served.
5. In case the petitioner deposits Rs.75,000/- as per the directions issued by the Special Court, she will be entitled to apply for pre paid electricity connection on completion of formalities. However, the petitioner will not be required to pay the disputed bill, which is subject matter of the proceedings before the special Court and any other bill for consumption on or after disconnection of the electricity.
6. The petitioner will visit the office of the respondent, discom on 12th March, 2010 at 2.30 P.M. for completion of formalities and submission of form etc.
7. The matter is also referred to continuous Lok Adalat. The parties will appear before DHLSC on 19th March, 2010, when a date for appearance before continuous Lok Adalat will be fixed. Dasti to the counsel for the parties.
SANJIV KHANNA, J. MARCH 10, 2010 NA