BATA INDIA LIMITEID v. BSES RAJDHANI POWER LIMITED

1. Learned counsel for the petitioner states that he has obtained instructions and the petitioner is ready and willing to file a civil suit before the Special Court under the Electricity Act, 2003. Learned counsel for the petitioner, however, submits that the electricity connection of the petitioner may be restored, subject to conditions, as the same is urgently required and without electricity the petitioner is facing considerable difficulty.

2. The respondent-discom has alleged direct theft of electricity by the petitioner. The petitioner, on the other hand, has submitted that the electricity meter is installed on the ground floor and since the petitioner is in litigation with the landlord, the landlord or his caretaker may be involved and wrong allegations are being made against the petitioner. It is, therefore, clear that disputed questions of fact have been raised, which require examination and even oral evidence. It will be appropriate if the petitioner files a civil suit before the Special Court.

3. The impugned bill raised by the respondent-discom is for Rs.8,31,077/- However, as per the petitioner, they are without electricity, which has been disconnected. It is directed that if the petitioner deposits Rs.3,00,000/-, the electricity connection of the petitioner will be immediately restored without any 2010:DHC:949 WPC No.933/2010 Page 2 further demand. The said deposit will be without prejudice to rights and contentions of the parties and subject to further orders of the Special Court. In case the petitioner succeeds before the Special Court, the petitioner will be refunded the said amount of Rs.3,00,000/- along with interest as may be determined by the Special Court. The writ petition is accordingly disposed of.

SANJIV KHANNA, J. FEBRUARY 17, 2010 VKR/P