Disposed

Hareshbhai Laljibhai Nashit v. Dakshin Gujarat Vij Company Limited

Gujarat HC25 Mar 2021LPA/108/2021

Case brief

AI extract

What is this about?

The High Court entertained an oral order regarding the restoration of an electricity connection. While the appellant argued for depositing a portion of dues in 24 equal monthly installments, the court deemed 18 months sufficient. The appellant must deposit Rs. 10 Lakhs to restore the connection immediately and pay the balance in 18 equal monthly installments.

What did the court decide?

The appellant to deposit Rs.10 Lakhs for immediate restoration of connection and pay the remaining balance in 18 equal monthly installments.

Hareshbhai Laljibhai Nashit Vs Dakshin Gujarat Vij… — Service and Employment | Gujarat HC (2021)

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C/LPA/108/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 108 of 2021

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R/SPECIAL CIVIL APPLICATION NO. 10579 of 2020 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2021 In R/LETTERS PATENT APPEAL NO. 108 of 2021

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HARESHBHAI LALJIBHAI NASHIT

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Versus

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DAKSHIN GUJARAT VIJ COMPANY LIMITED

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Appearance: DEEPAK N KHANCHANDANI(7781) for the Appellant(s) No. 1 . for the Respondent(s) No. 1,2,3 MR VIRAL J DAVE(5751) for the Respondent(s) No. 1,2,3 NOTICE SERVED(4) for the Respondent(s) No. 4

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH

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and HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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Date : 25/03/2021

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ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

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We have heard Mr.Deepak Khanchandani, learned
counsel appearing for the appellant and Mr.Viral Dave,
learned counsel appearing for the respondent-Electricity
Company.

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1.The limited purpose of the petition filed by the
present appellant which has since been dismissed by the
learned Single Judge was to the effect that the
petitioner/appellant was ready and willing to deposit the
entire demand raised by the Dakshin Gujarat Vij Company

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Page 1 of 3

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C/LPA/108/2021 ORDER

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Limited in easy installments considering the hardship
faced by the Company on account of the lock-down due to
pandemic of Covid-19 without prejudice to the rights of
the parties in the settlement of the demand raised in
appropriate statutory proceedings so that the
petitioner/appellant gets his electricity connection
restored and may not face any further hardship.

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2.Before us, Mr.Khanchandani, learned counsel has
submitted thatout of the total outstanding amount which
is approximately 67 Lakhs, at the first instance the
appellant would deposit Rs.10 Lakhs whereupon, his
connection may be restored and thereafter, the remaining
amount would be paid by the appellant in 24 equal monthly
installments.

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3.Mr.Viral Dave, learned counsel for the respondent-
Company has opposed the request and has submitted that
the time sought for is too long and the Court may
consider reducing the same to 9 to12 months only.

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4.Considering the facts and circumstances of the case,
we feel that the interest of justice would be served by
issuing the following directions :

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(i)The appellant would deposit Rs.10 Lakhs at the
earliest whereupon, the respondent-Company would
restore the connection within the next 48 hours. From
the date of the first deposit, the remaining amount
would be deposited in 18 equal monthly installments.
The date of the first installment being exactly 30
days from the date of the deposit of Rs.10 Lakhs. In
the event of default of any of the above conditions,

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Page 2 of 3

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C/LPA/108/2021 ORDER

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the respondent-Company would be free to disconnect
the electricity connection and take appropriate
measures as may be permissible under law.

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(ii) The appellant would continue to deposit the
current usage of energy charges as per the bills
raised from time to time regularly. Any reconnection
charges, if demanded, as may be admissible would also
be paid by the appellant.

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5.The above deposits and acceptance of the said
deposit would be without prejudice to the rights of the
parties and final outcome of the determination of the
assessment in appropriate proceedings as also the
criminal proceedings, if any, initiated by the
Department.

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6.With the aforesaid direction, the appeal stands
disposed of and consequently, the connected Civil
Application stands disposed of.

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(VIKRAM NATH, CJ)

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(BHARGAV D. KARIA, J)

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PALAK

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Page 3 of 3

Hareshbhai Laljibhai Nashit v. Dakshin Gujarat Vij Company Limited

Case brief

What is this about?

What did the court decide?

Hareshbhai Laljibhai Nashit v. Dakshin Gujarat Vij Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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