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Judgment
[PER: BENCH]
This application is filed, seeking to amend its prayers in the captioned Application which are as follows:
i)To raise future water supply bills in accordance with 16 MCM Agreement read with applicable WRD Notification dated 16.01.2020.
ii) To revise previous water supply invoices raised by the Respondent since November, 2019 and
iii) To direct the Respondent not to levy any additional penal charges or interest for non-payment of excessive amounts raised by the Respondent.
This Application on the face of it, is not maintainable, since the amendments sought for are, in the captioned Application which is mentioned as CP(IB) No.420/7/HDB/2018, is admitted by virtue of the Order dated 05.09.2019. There is one more IA pending before this Tribunal in the above captioned Company Petition which is IA 770 of 2021. We have to treat this application as an application seeking for amending the prayers in IA 770 of 2021 and we need to advert to the facts.
IA 515 of 2021 filed under Section 60(5), seeking for additional reliefs which pertain to the future water supply bills in accordance with 16 MCM and revision of previous water supply invoices raised by the Respondent since November, 2019 and not to levy any additional penal charges or interest for non payment of excessive amounts raised by the Respondent.
The Counsel at the time of hearing submits that the amendments sought for are, in respect of the bills and invoices which pertain to the period subsequent to the filing of the captioned application and they pertain to the developments which took place after the filing of the application.
It is clearly stated in Paragraph 5 of the application that in the light of the afore said developments, the Applicant craves leave to take on record the afore said factual development. The levying of penal water charges is also subsequent to the filing of the application. Hence, the Applicant cannot be permitted to go on amending the prayers as and when the cause of action arises against the Respondent.
Hence, we dismiss the application with liberty to the Petitioner to move a fresh application in accordance with Law.