Jamil Khan v. Krishna Taneja

ORDER o/o

01.11.2011

¶1Counsel for the petitioner states that he be pernriittedto amend the memo of parties by impleading BSES, as the said discom is a necessary and proper party in the present proceedings. Leave, as prayed for, is granted. Amended memo of parties be filed in the course of the day, with an advance copy to the other side.

¶2Mr. Sunil Fernandes, Advocate enters appearance on behalf of respondent No.2/BSES and states that his client does not oppose the prayer made by the petitioner for the grant of an independent electricity connection at premises occupied by him at House P^ge No.l of4 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. NO.WZ-143-A/3B,Gali No.7 (Entry Gali No.8), New Mahavir Nagar, New Delhi, where he is stated to be residing as a tenant under respondent No.l/landlady on part of the ground floor .

¶3A perusal of the order sheets shows that appearance was entered on behalf of respondent No.l on 13.7.2011, however none has appeared for the said respondent thereafter, nor is she present in Court.

¶4The present contempt petition is filed by the petitioner stating inter alia that respondent No.l/landlady is" in .contempt of the order dated 20.4.2011 passed in C.M(M) No.558/2010, whereunder she was directed to give a no objection to enable the petitioner to obtain a new electricity connection in respect of his part of the subject premises, which is one room located on the ground floor. The said no objection was to be issued by respondent No.l/landlady upon the petitioner showing that he had cleared the entire outstanding dues in respect of the existing connection.

¶5It is submitted by the counsel for the that after passing of the aforesaidorder, his clientapproachedrespondent No.2/ BSES and cleared the entire dues, whereafter a No Dues Certificate had been issued by respondent No.2/ BSES on 1.8.2011 (Annexure CP-B, enclosed with the additional affidavit dated 2.8.2011). It is Page No.2 of 4 X submitted that despite fact that petitioner approached respondent No.l/landlady with the aforesaid No Dues Certificate issued by respondent N0.2/BSES, she has not complied with the directions as contained in the order dated

20.4.2011; hence present petition.

¶6Counsel for respondent N0.2/BSES confirms the fact that a No Dues Certificate has been issued by the department in respect of the existing electricity connection at the subject premises and states that he has no objection to the present petition being allowed, subject to usual conditions imposed In such matters, to which counsel for the has no objection.

¶7Accordingly, the present petition is disposed of with the following directions:-

¶1The petitioner shall submit an application along with all the relevant documents, for grant of fresh connection in his name at the premises under his occupation with respondent No.2. The said application shall be entertained by respondent No.2 without insisting on a Objection Certificate from respondent No.l.

¶2In addition to other charges, the petitioner shall also deposit six months' security deposit based on the past consumption pattern. The said amount will be calculated by respondent No.2 and intimated to the petitioner within one week from the date of receiving the application for a fresh electricity connection from the petitioner. Page No.3 of 4 1/ y

¶3The shall pay monthly charges of consumption to respondent No.2 regularly. The security charges shall not be adjusted against payment of current dues. The security amount shall be refunded to the without interest as and when vacates premises, subject matter of the writ petition, subject to adjustment, if any, on account of arrears.

¶4It is made clear that in case, fails to pay the current dues, respondent No.2 shall be entitled to disconnect connection as per law. It is further made clear that respondent No.l/landlady shall not be liable or responsible to pay the current electricity charges of the new meter, which shall be installed in the premises in the name of the petitioner.

¶5The petitioner will give full particulars of his bank account and his permanent address to respondent No.2 along with, the application.

¶8In view of the aforesaid order, counsel for the petitioner states that he has no further grievance and would not like to press present contempt petition. Notice of contempt is discharged. The petition is disposed of. HIMA KOHLI,J NOVEMBER 01, 2011 sk CONT.CAS(C) 403/2011 Page No.4 of 4

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 403/2011 JAMIL KHAN Petitioner Througii ; l^r. K. Venkatarannan, Adv. versus KRISHNATANEJA Respondent Through ; l^lr. Sunil Fernandes, Adv. for BSES. CORAI^^: HON'BLE |V|S. JUSTICE HIMA KOHLI