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SCA/6373/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6373 of 2010
===================================
MAX
CERAMIC INDUSTRIES - Petitioner
Versus
PASCHIM
GUJARAT VIJ COMPANY LTD - Respondent
===================================
Appearance
:
MR
VARUN K.PATEL for Petitioner.
MR SP HASURKAR for
Respondent.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 21/05/2010
ORAL ORDER
The
petitioner has filed this petition under Article 226 of the
Constitution of India praying to declare the action of the
respondent to disconnect the power supply to the petitioner on
03.04.2010 illegal and without authority of law and also seeking
direction to the respondent to serve the alleged supplementary bill.
The petitioner has also prayed for the direction to the respondent
to forthwith restore the power supply to the petitioner.
This
Court has issued notice on 18.05.2010 making it returnable today.
On service of notice, Mr. S. P. Hasurkar, learned advocate appears
on behalf of the respondent and prays time to file reply.
Mr.
Varun K. Patel, learned advocate appearing for the petitioner makes
the statement that the petitioner is ready and willing to deposit
the amount of Rs.3,19,207.55 ps. or any other amount that may be
raised by way of issuance of supplementary bill. However, on deposit
of the said amount, the power supply may be restored to the
petitioner forthwith.
In
other similar matters, the Court has also passed order directing the
respondent Company to restore the power supply on deposit of the
payment of supplementary bill. Accordingly, by way of interim
relief, the respondent Electricity Company is directed to issue
the supplementary bill within 24 hours from the date of service of
this order and on deposit of the amount of supplementary bill, the
electricity supply be restored to the petitioner forthwith. If the
supplementary bill is not issued within 24 hours, the electricity
supply be restored on payment of Rs.3,19,207.55 ps.
It
is made clear that the deposit of the amount is subject to all
rights and contentions of the petitioner in this petition and supply
of electricity connection is also without prejudice to the rights of
the respondent Electricity Company to take any further action in
the matter.
S.O.
to 18.06.2010. D.S. permitted today.
Sd/-
[K. A. PUJ, J.]
Savariya
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