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Gujarat High Court
Kamlesh vs Torrent on 21 March, 2011
Author: Anant S. Dave,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SCA/19325/2007	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 19325 of 2007
 

 
 
=========================================================

 

KAMLESH
VRAJLAL PARIKH - Petitioner(s)
 

Versus
 

TORRENT
POWER LTD. & 1 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
KH BAXI for
Petitioner(s) : 1, 
MR KB PUJARA for Respondent(s) : 1, 
DS
AFF.NOT FILED (N) for Respondent(s) :
2, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE A.S.DAVE
		
	

 

 
 


 

Date
: 04/10/2007 

 

 
 
ORAL
ORDER

The
petitioner has filed this petition under Article 226 of the
Constitution of India with a prayer to quash and set aside the
letter the letter dated 14.7.2007 at Annexure-A as null and void
with a further direction to the respondents not to implement the
said letter.

Mr.Baxi,
learned counsel for the petitioner, submits that the action of the
respondent authority in initiating the recovery of Rs.1,09,107/-
from the petitioner-consumer, is contrary to the provisions of
sub-section (2) of Section 56 of the Indian Electricity Act, 2003.

Mr.K.B.Pujara,
learned counsel appearing for the respondent No.1, relies on the
affidavit filed by respondent No.1 and submits that against the
petitioner? consumer recovery proceedings are initiated and an
amount of Rs.1,09,107/- is outstanding towards the consumption of
electricity charges and there is no prohibition under sub-section
(2) of Section 56 of the Act since the amount is continuously due
and recoverable as arrears and charges of electricity supplied. In
view of the above, I do not find any substance in the petition, more
particularly, when the Civil Suit is pending before the City Civil
Court, Ahmedabad.

In
the result, this Special Civil Application fails and is hereby
dismissed. Notice discharged.

(ANANT
S. DAVE, J.)

*pvv

   

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