2024-01-12
Subject:
O R D E R
1. On 01.12.2023, the petitioners were directed to submit an undertaking by way of affidavit alongwith a schedule of full payment within 15 months through monthly instalments. Meanwhile, regardless to their failure to honour earlier undertakings, the respondent/Power Company was directed not to disconnect the power supply. In deference thereto, the petitioners filed an undertaking proposing to pay the entire balance amount of Rs.10,27,01,804/- (Rupees Ten Crores Twenty-Seven Lakhs One Thousand Eight Hundred and Four) through the following 14 instalments:
“SCHEDULE OF PAYMENTS OF REMAINING AMOUNT BEING RS. 10,27,01,804/- (TOTAL RS. TEN CRORE TWENTY SEVEN LACS ONE THOUSAND EIGHT HUNDRED AND FOUR ONLY) BY 14TH MONTHLY INSTALLMENTS
| S. NO. OF AMOUNT (IN RS.) SCHEDULE/DATE OF PAYMENT |
| INSTALLMENTS TO |
| BE PAID |
| 1st Installment 73,35,844/- Between 1st and 7th February, 2024 |
| 2nd Installment 73,35,844/- Between 1st and 7th March, 2024 |
| 3rd Installment 73,35,844/- Between 1st and 7th April, 2024 |
| 4th Installment 73,35,844/- Between 1st and 7th May, 2024 |
| 5th Installment 73,35,844/- Between 1st and 7th June, 2024 |
| 6th Installment 73,35,844/- Between 1st and 7th July, 2024 |
| 7th Installment 73,35,844/- Between 1st and 7th August, 2024 |
| 8th Installment 73,35,844/- Between 1st and 7th September, 2024 |
| 9th Installment 73,35,844/- Between 1st and 7th October, 2024 |
| 10th Installment 73,35,844/- Between 1st and 7th November, 2024 |
| 11th Installment 73,35,844/- Between 1st and 7th December, 2024 |
| 12th Installment 73,35,844/- Between 1st and 7th January, 2025 |
| 13th Installment 73,35,844/- Between 1st and 7th February, 2025 |
| 14th Installment 73,35,844/- Between 1st and 7th March, 2025 |
3. Keeping in view all the attending circumstances, we directed that if the petitioners would pay 50% of the additional interest amount, i.e., approximately Rs.1,42,000/- (Rupees one lakh forty- two thousand) per month, in addition to the amount of monthly instalments, as reproduced above, that will be treated as a full and final payment on their behalf.
4. The matter was adjourned to enable learned counsel for the petitioners to have instructions.
5. It is stated by learned counsel for the petitioners, on instructions, that they are willing to pay an additional amount of Rs.1,42,000/- per month over and above the amount of monthly instalments as per their undertaking, to finally settle the dispute.
6. In view of the statement, the Miscellaneous Application is disposed of with a direction that the petitioners shall abide by the schedule of payment, as reproduced above, which shall include an additional amount of Rs.1,42,000/- per month.
7. So long as the petitioners continue to pay the monthly instalment regularly, the disconnection of the power supply shall remain stayed. In the event of a single default, the undertaking given before this Court shall be deemed to have been breached, and the respondent/Power Company shall be at liberty to disconnect the power supply and determine the liability in accordance with law.
8. All pending applications, if any, also stand disposed of. (ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
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