Disposed

Pawan Kumar v. A.E.E. (Op) Sub-Divn, Uhbvn & Ors.

Punjab & Haryana HC5 Aug 2009RSA/2606/2008

Case brief

AI extract

What is this about?

Regular second appeal arising from a suit for permanent injunction restraining recovery of dues and disconnection of electricity. The matter was amicably settled via mediation, directing payment of outstanding dues and subsequent restoration of connections.

What did the court decide?

Direction to respondents to restore the appellant's electricity connections within one month from the date of order.

Pawan Kumar Vs A.E.E. (Op) Sub-Divn… — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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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

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.....Respondents

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CORAM : HON'BLE MR. JUSTICE T.P.S. MANN

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Present : Mr. Kuldeep Tiwari, Advocate for the appellant.

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Mr. Sudhir Kumar, Advocate for Mr. Narender Hooda, Advocate for the respondents.

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T.P.S. MANN, J.(Oral)

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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.

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During the hearing of the present appeal, the Court felt that

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RSA No. 2606 of 2008 -2-

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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.

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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

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RSA No. 2606 of 2008 -3-

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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.

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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.

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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.

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Learned counsel for the respondents, after obtaining instructions, confirms the fact that the appellant has paid all the entire

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RSA No. 2606 of 2008 -4-

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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.

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Once, the outstanding amount against the appellant stands deposited by him, he is entitled to the restoration of the electricity connections.

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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.

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( T.P.S. MANN ) August 5, 2009 JUDGE ajay-1

Pawan Kumar v. A.E.E. (Op) Sub-Divn, Uhbvn & Ors.

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Pawan Kumar v. A.E.E. (Op) Sub-Divn, Uhbvn & Ors.

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