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
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