Fahad Vs Bses Yamuna Power Limited — Delhi HC (2026) — LawSathi Research

Fahad Vs Bses Yamuna Power Limited — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

NBWs against the petitioner ordered to remain in abeyance, conditional on his appearance before the learned Trial Court on 23.02.2026 with a draft of Rs. 44,675/- (outstanding dues) in favour of the respondent; learned Trial Court requested to refer the matter afresh to Mediation; petition and pending application (CRL.M.A. 4898/2026) disposed of in these terms.

Issue for consideration

Whether the non-bailable warrants issued against the petitioner on 10.11.2025 should be cancelled/recalled or kept in abeyance. +1 more

Court's answer

The petition is disposed of with the direction that the NBWs issued against the petitioner would remain in abeyance, subject to the petitioner appearing before the learned Trial Court on the next date of hearing (23.02.2026) and bringing along a draft of the outstanding amount of Rs. 44,675/- in favour of the respondent.

Ratio / Principle

The learned Trial Court is requested to refer the matter afresh to Mediation, as counsel on both sides submitted that there is every possibility of amicable settlement in the matter.

Detailed headnote1 paragraphs

High Court of Delhi (Manoj Jain, J.; oral decision of 12.02.2026) disposed of CRL.M.C. 1214/2026, a petition filed by Fahad under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner faces prosecution in a complaint under Section 135 of the Indian Electricity Act, 2003 filed by BSES Yamuna Power Limited; an earlier mediation had failed and, on his absence at a further hearing, non-bailable warrants were issued vide order dated 10.11.2025. His application for cancellation of the warrants (submitted on the ground that he was caring for his ailing mother) was dismissed by the Trial Court, which directed him to surrender. Counsel for the petitioner undertook that he would appear before the Trial Court on 23.02.2026 with a draft of Rs. 44,675/- (the outstanding amount per the last generated bill of 26.12.2025) in favour of BSES, to whom counsel appeared on advance notice and raised no objection to the NBWs being re-called on compliance with the undertaking. The Court accordingly directed that the NBWs remain in abeyance, and requested the Trial Court to refer the matter afresh to Mediation as both sides indicated every possibility of amicable settlement. The petition and the pending application stood disposed of accordingly.

$~57

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 12^th February, 2026

- CRL.M.C. 1214/2026 & CRL.M.A. 4898/2026 FAHAD

.....Petitioner

Through: Mr. Kshitiz Mahipal and Ms. Khairun Nisa, Advocates.

versus

BSES YAMUNA POWER LIMITED

.....Respondent Through: Mr. Divyam Nandrajog, Advocate.

CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

Petitioner is facing prosecution in relation to one complaint filed under Section 135 of Indian Electricity Act, 2003.

The parties were earlier referred to Mediation but the same was not successful, and when further hearing took place, there was no presence from the side of the accused which resulted in issuance of NBWs against the accused vide order dated 10.11.2025.

The accused filed an application seeking cancellation of such warrants submitting that he could not come as he was to take care of his ailing mother. Fact, however, remains that the learned Trial Court has dismissed his such application and has directed him to surrender.

It is in this abovesaid backdrop that the present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Learned counsel for respondent-BSES Yamuna Power Limited appears on advance notice.

CRL.M.C. 1214/2026 1

Signature Not Verified

Signed By:SONIA THAPLIYAL Signing Da te:1 2.02.2026 18:41:29

During the course of arguments, learned counsel for the petitioner submitted that the next date of hearing before the learned Trial Court is 23.02.2026 and he would appear before the learned Trial Court and would also bring a draft of Rs.44,675/- in the name of respondent herein. He submits that above is the outstanding amount as per the last generated bill i.e. bill generated on 26.12.2025. He states that on earlier occasions, he went to BSES office to deposit amount, but same was not accepted.

Learned counsel for respondent submits that though he has no instructions with respect to actual outstanding amount in the matter, he would have no objection if the NBWs are re-called, while directing petitioner to comply with the abovesaid undertaking.

In view of the above, present petition is disposed of with the direction that the NBWs issued against the petitioner would remain in abeyance. On the next date of hearing i.e. 23.02.2026, the petitioner would appear before the learned Trial Court and bring along a draft of the abovesaid outstanding amount.

Learned Trial Court is also requested to refer the matter afresh to Mediation as both the counsel submitted that there is every possibility of amicable settlement in the matter.

The petition stands disposed of in aforesaid terms.

The pending application also stands disposed of in aforesaid terms.

A copy of this order be given dasti under the signatures of Court Master.

(MANOJ

JUDGE

FEBRUARY 12, 2026/ss/sa

CRL.M.C. 1214/2026 2

Signature Not Verified

Signed By:SONIA THAPLIYAL Signing Da te:1 2.02.2026 18:41:29