Disposed

M/S. Hira Film Exhibitors, Rep. by Shri Parvin Harish Zantye v. the State of Goa, through Its Chief Secretary and Anr.

Bombay HC5 May 2010AO/17/2010

Case brief

AI extract

What is this about?

This is a short disposition order quashing proceedings and allowing compromise where State raised a bill of arrears. Court ordered partial payment in installments and forbade disconnection during pendency.

What did the court decide?

Allowed appeal and civil application by ordering payment of Rs.26,20,772/- in 12 monthly installments over one year; forbade disconnection of supply;

M/S. Hira Film Exhibitors, Rep. by Shri… — Contract and Commercial Disputes | Bombay HC (2010)

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IN THE HIGH COURT OF BOMBAY AT GOA

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APPEAL FROM ORDER NO.17 OF 2010 WITH

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CIVIL APPLICATION NO.77 OF 2010

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M/s. Hira Film Exhibitors, Rep. By Shri Parvin Harish Zantye …. Appellant V/S The State of Goa, through its Chief Secretary & Anr. …. Respondents

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Mr. R.G. Ramani, Advocate for the Appellant. Mr. M. Salkar, Additional Government Advocate for the Respondents.

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CORAM : N.A. BRITTO, J.

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DATE : 5/05/2010.

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P.C.:

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Heard.

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The State has raised a bill against the appellants in the sum of Rs.38,92,872/-. The said bill which represents arrears payable by the appellants came to be raised, because according to the State, the calculations were not correctly made.

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On behalf of the appellants, it is submitted that they are not responsible for the wrong calculations being made by the Officers of the State. It is also submitted on their behalf that a sum of Rs.12,72,101/would not be recoverable in terms of Sub-section (2) of Section 56 of the Electricity Act, 2003. A submission was made by Shri Ramani, the learned Counsel appearing on behalf of the appellants that inspite of the

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said objection, the appellants would deposit the entire sum of Rs.38,92,872/- in case they are given a time of about 3 years, but this proposal is not agreed to by the State and Shri Salkar, the learned Counsel appearing on behalf of the State, has submitted that the appellants could be given time of about a year to pay the entire amount of Rs.38,92,872/-.

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Considering the facts of the case, in my view, it would be just and proper in case the appellants pay the sum of Rs.26,20,772/- within a period of 1 year, in twelve monthly instalments, which the appellants agree and undertake to pay within a period of one year. The appellants are also free to pay the sum of Rs.12,72,101/- in case they so desire, within a year, to avoid interest which they may be required to pay in case it is ultimately held that the said sum was also liable to be paid by the appellants.

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With the above observations, the appeal as well as the application is disposed of. Needless to observe the State shall not disconnect the supply to the appellants during the pendency of the suit. The amounts due may be paid to the Chief Electrical Engineer.

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N.A. BRITTO, J.

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NH/-

M/S. Hira Film Exhibitors, Rep. by Shri Parvin Harish Zantye v. the State of Goa, through Its Chief Secretary and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Hira Film Exhibitors, Rep. by Shri Parvin Harish Zantye v. the State of Goa, through Its Chief Secretary and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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