High Court Punjab-Haryana High Court

Pawan Kumar vs A.E.E.(Op) on 5 August, 2009

Punjab-Haryana High Court
Pawan Kumar vs A.E.E.(Op) on 5 August, 2009
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                Regular Second Appeal No. 2606 of 2008
                                       Date of Decision : August 5, 2009

Pawan Kumar
                                                              ....Appellant

                                  Versus

A.E.E.(OP), Sub Division, U.H.B.V.N. Pehowa and others
                                                           .....Respondents

CORAM : HON’BLE MR. JUSTICE T.P.S. MANN

Present : Mr. Kuldeep Tiwari, Advocate
for the appellant.

Mr. Sudhir Kumar, Advocate for
Mr. Narender Hooda, Advocate
for the respondents.

T.P.S. MANN, J.(Oral)

Suit for permanent injunction filed by the plaintiff-appellant

so as to restrain the defendants-respondents from recovering an amount of

Rs.2,45,536/- from him and from disconnecting the supply of the plaintiff,

on the basis of the notice dated 19.9.2002, was dismissed by learned

Additional Civil Judge (Senior Division), Pehowa, on May 4, 2006, which

judgment and decree was upheld in appeal by the learned District Judge,

Kurukshetra, on June 4, 2008. Aggrieved of the same, the plaintiff filed

the present second appeal under Section 100 of the Code of Civil

Procedure.

During the hearing of the present appeal, the Court felt that
RSA No. 2606 of 2008 -2-

this matter could benefit from mediation and, accordingly, both the parties

and their Advocates were directed to report at Mediation and Conciliation

Centre set up in this Court. Pursuant thereto, the proceedings were

conducted by a trained Mediator. Those efforts yielded results as the

matter was amicably settled between the parties in accordance with the

Sales Circular No.U-6/2009 issued by the General Manager/Commercial,

U.H.B.V.N. Panchkula vide memo dated 6.2.2009.

The total defaulting disputed amount against the appellant

was Rs.2,45,536/-, out of which an amount of Rs.61,384/- stood deposited

by the appellant on 26.9.2002 in pursuance of order passed by the learned

trial Court. As per Court settlement, the appellant was required to pay an

amount of Rs.1,22,768/-, out of which an amount of Rs.61,384/- was also

deposited by the appellant and the remaining amount of Rs.61,384/-

deposited by the appellant with the Haryana State Electricity Board,

Pehowa, vide receipt No. 38 dated 29.4.2009. Accordingly, the defaulted

disputed amount stood paid. There was another amount of Rs.70,915/-

pending against the appellant under PDCO(permanent disconnection

order) under account No. PP14-588. Similarly, another amount of

Rs.28,350/- under another account No. S 606 was also outstanding in the

name of Sethi Rice Mills in which the appellant was one of the partners.

Accordingly, a total sum of Rs.99,265/- was found to be still outstanding

against the appellant and the parties agreed that the appellant shall pay the

same in three equal installments. Under the agreement, the appellant was
RSA No. 2606 of 2008 -3-

required to pay the same in three monthly installments, i.e., an amount of

Rs.33,090/- in the month of May, Rs.33,090/- in the month of June and

Rs.33,085/- in the month of July, 2009. As per the settlement, the whole

of the outstanding amount against the appellant in which he had defaulted

should be paid with U.H.B.V.N. by the stipulated dates and after the

deposit of the same, the disconnected electricity connections to be restored

to the appellant in accordance with the rules and after completion of all the

formalities by the appellant and such a restoration to be made within a

period of one month.

On the last date of hearing, i.e., 28.7.2009, learned counsel for

the appellant had apprised the Court that the installments falling due in the

months of May and June had been deposited by the due dates and even the

final installment of Rs.33,085/- also deposited on that date itself. He had

prayed for a short adjournment so as to produce the receipt regarding the

payment of the final installment.

Today, at the time of hearing, learned counsel for the

appellant has produced photocopy of receipts regarding the deposit of

Rs.33,090/- for each of the installments falling due in the months of May

and June, 2009 besides the receipt dated 28.7.2009 regarding the deposit

of Rs.33,085/-. Photocopies of the receipts are taken on record.

Learned counsel for the respondents, after obtaining

instructions, confirms the fact that the appellant has paid all the entire
RSA No. 2606 of 2008 -4-

outstanding amount in three installments within the prescribed period in

pursuance of the proceedings conducted by the Mediation Cell and the

settlement between the parties. Now, nothing is due against him.

Once, the outstanding amount against the appellant stands

deposited by him, he is entitled to the restoration of the electricity

connections.

Accordingly, the appeal is disposed of by directing the

respondents to restore the electricity connections of the appellant within a

period of one month from 28.7.2009 in accordance with the rules and after

completion of all the formalities by the appellant.





                                             ( T.P.S. MANN )
August 5, 2009                                    JUDGE
ajay-1