Gujarat High Court Case Information System
Print
LPA/2500/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2500 of 2009
In
and with
SPECIAL
CIVIL APPLICATION No. 11967 of 2009
======================================
MADHYA
GUJARAT VIJ CO LTD
Versus
JIGNESHKUMAR
ASHWINKUMAR SHAH
======================================
Appearance :
MR
PREMAL R JOSHI for Appellant
MR ARPIT A KAPADIA for
Respondent
======================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/02/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
It
appears that the Electricity Company earlier granted connection in
the premises which was disconnected. The petitioner thereafter
purchased the same. The Electricity Company intended to recover the
amount due from the original owner. The matter was taken up in the
Lok Adalat, Godhra, District Panchmahals. We noticed that a sum of
Rs.10,737/- was shown to be due but on appearance the parties settled
the matter for Rs.5,500/- before the Lok Adalat. It appears that the
settlement amount of Rs.5500/- was not paid immediately though there
was no time limit prescribed in the settlement. But, after filing of
the writ petition, the petitioner deposited total amount i.e.
Rs.10,737/-. As the petitioner deposited the total amount, the
learned Single Judge passed the interim order for electrical
connection giving rise to the Letters Patent Appeal.
We
have heard the learned counsel for the parties and perused the
record.
Learned
counsel appearing on behalf of the petitioner submitted that total
amount having been paid and in view of the interim order the
electrical connection has now been given. An objection is raised on
behalf of the Electricity Company on the ground that certain amount
is still due towards permanent disconnection charges as per the rules
of the Company. However, such objection cannot be entertained as it
is not in dispute that the plea of charging permanent disconnection
charges was available to the Electricity Company before the Lok
Adalat but in spite the same the Company agreed to settle the
dispute for Rs.5500/-.
In
the facts and circumstances, we are of the view that no further
amount is required to be deposited by the petitioner having deposited
Rs.10,737/- i.e. more than the settled amount. In the circumstance,
we are not inclined to interfere with the order passed by the learned
Single Judge whereby it was ordered to grant electricity connection.
If such electricity connection has been disconnected in the meantime,
the Company will restore it within 24 hours.
Letters
Patent Appeal and Special Civil Application both stand disposed of
with the aforesaid observation and direction. Rule is discharged. No
costs.
[S.J.
Mukhopadhaya, C.J.]
(Anant
S. Dave, J.)
(swamy)
Top