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High CourtsDivision Bench(2020) 05 SHI CK 0008

M/s J. B. Rolling Mills Ltd. vs HPSEB Ltd. And Others

High Court Of Himachal Pradesh · Decided on 5 May 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1419 Of 2020

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Judgment

8 paragraphs · 345 words

Tarlok Singh Chauhan, J

1.

The limited prayer, with which the consumer, has come up with the writ petition, is to permit it to make the payment of the arrears of electricity dues in installments.

2.

Heard Mr. Amit Jamwal, Advocate, for the petitioner and Mr. Surinder Saklani, Advocate, for the respondents.

3.

It is stated by the learned counsel for the petitioner that on account of the lockdown due to Covid-19 pandemic, the Industry has been closed, whereas the liability of the Company to pay is mounting everyday as the labours and other employees have to be paid their salaries and other emoluments in terms of the directions issued by the Government.

4.

We take judicial notice of the fact that as regards the State of Himachal Pradesh, in addition to the lockdown, there is also curfew imposed throughout the State by the Government. In such circumstances, the petitioner- Company is definitely not in a position to carry out its manufacturing activities or other activities so as to generate any income.

5.

Therefore, taking into account the overall facts and circumstances, the writ petition is disposed of directing the petitioner to pay the arrears of dues, which are more than rupees fifteen crores, in four monthly installments.

6.

As regards, the prayer made by the petitioner for exempting it from payment of surcharge, we really do not find any merit in the said prayer, as admittedly, the petitioner-Company has defaulted in making payments towards the outstanding electricity charges on earlier occasions.

7.

The payments of the outstanding amount in terms of this order shall now be made in four equal installments on or before the 10th day of every month. In the event of default of any installment or major part thereof, the respondents shall be at liberty to disconnect the electricity connection of the petitioner. In addition thereto, the petitioner shall also be liable to be proceeded and prosecuted under the Contempt of Courts Act. The parties are left to bear their own costs. Pending application(s), if any, shall also stand disposed of.