2023 Supreme(Del) 2205
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Omkar Nath Shukla – Appellant
Versus
State (GNCTD) & Ors. – Respondents
W.P.(C) 4123 of 2023 & CM APPL. 15974 of 2023
Decided On : 29-03-2023
Mr. Vikash Kumar with Mr. Jitesh Sharma and Mr. Nikhil Yadav, Advocates, for the Petitioner.
Mr. Sharique Hussain, Advocate for respondent no. 2.
Clearing electricity dues is a prerequisite for restoring the electricity connection, and the respondent can accept the dues without insisting on a NOC from another party.
Headnote:
Section 151 CPC - Exemption from filing certified/typed copies of annexures - Application allowed, subject to just exceptions
Fact of the Case:
The petitioner filed a writ petition seeking direction to install a new meter in the name of the petitioner without NOC or receive pending dues for the temple's electricity and restore the electricity connection.
Finding of the Court:
The court directed the petitioner to clear the electricity dues within one week, and upon receipt of the dues, the respondent was ordered to restore the electricity connection.
Issues: Dispute over electricity dues and restoration of electricity connection for the temple.
Ratio Decidendi: The court found that clearing the electricity dues was a prerequisite for restoring the electricity connection, and the respondent was willing to accept the dues without insisting on a NOC from another party.
Final Decision: The writ petition was disposed of with the direction for the petitioner to clear the electricity dues within one week, and upon payment, the electricity connection was to be restored.
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 15974/2023 (Application under Section 151 CPC on behalf of the petitioner seeking exemption from filing certified/typed copies of dim annexures/all annexures)
1. This is an application under Section 151 CPC on behalf of the petitioner seeking exemption from filing certified/typed copies of dim annexures/all annexures.
2. Allowed, subject to just exceptions.
3. Application is disposed of.
W.P.(C) 4123/2023
4. The present writ petition has been filed by the petitioner for direction to respondent no. 2 to either install a new meter in the name of the petitioner without any NOC from respondent no. 3 or receive the pending dues in respect of CA No. 150312488 and restore the electricity of the Temple Parisar of Bhagwan Shri Balmiki Mandir, L- Block, Welcome, Seelampur, Near Loha Market, Garhi Mendu, Delhi- 110053.
5. Learned counsel appearing for the petitioner submits that the petitioner is the trustee of the temple and the meter of the temple is in the name of respondent no. 3, who was earlier the Manager of the temple. Learned counsel submits that the petitioner is ready to pay the electricity dues as due and payable.
6. Issue notice.
7. Notice is accepted by learned counsel appearing for respondent no. 2.
8. Learned counsel at the outset submits that the petitioner has not been making payments towards the electricity connection and that the last payment made by the petitioner for payment of electricity connection was only in the year September, 2021. Thus, he submits that huge arrears amounting to Rs. 30,100/- are now due and payable by the petitioner uptil 15.03.2023.
9. Learned counsel for the petitioner submits that the petitioner is willing to clear the said dues of Rs. 30,100/-, as per the submission of the learned counsel appearing for the respondent no. 2.
10. Learned counsel appearing for respondent no. 2 submits that if the petitioner clears the electricity bill, then the respondent no. 2 has no objection for restoring the electricity connection of the petitioner.
11. Learned counsel appearing for respondent no. 2 further submits that in case the petitioner is willing to deposit the electricity dues, the same shall be accepted by respondent no. 2 without insisting any No Objection Certificate (NOC) from respondent no. 3.
12. In view thereof, petitioner is directed to clear the electricity dues of the temple in question within one week. Upon receipt of electricity dues from the petitioner, the respondent no. 2 shall restore the electricity connection of the petitioner forthwith.
13. With the aforesaid directions, the present writ petition is disposed of.