Writ appeal to extend the time for filing a bank guarantee to satisfy an interim order linking power supply to payment of an additional consumption deposit. The court extended the time by three more weeks citing financial difficulties.
Time extended by three weeks to furnish the required bank guarantee.
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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT APPEAL NO.1095 OF 2012
DATED:25.9.2012
Between: M/s. Shree Raghav Ispath (India) Pvt. Ltd., Azamabad Hyderabad Rep. by its Director Ramanuj Agarwal … Appellant And The Central Power Distribution Company of Andhra Pradesh Limited Rep. by the Chief General Manager Commercial & RAC, APCPDCL, 2nd Floor, Corporate Office Mint Compound Hyderabad and others … Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT APPEAL NO.1095 OF 2012
JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This writ appeal is directed against the order dt.9.8.2012 passed by the Hon’ble Single Judge, in W.P.M.P. No.31613 of 23012 in W.P. No.24785 of 2012 whereby the Hon’ble Single Judge granted interim direction to the respondents not to disconnect the power supply to the appellant – petitioner’s service connection only on the reason of nonpayment of additional consumption deposit, subject to the petitioner paying 50% in cash and furnishing bank guarantee for the balance 50% in respect of the additional consumption deposit component as demanded in the proceedings dt.20.5.2012 impugned in the writ petition, within a period of two weeks from the date of the order.
The said interim order was passed in the writ petition filed by the appellant - petitioner questioning the demand notice issued by respondent No.2 demanding payment of Rs.58,38,900/- towards ACD for the year 2012-13 for the average consumption charges equivalent to two months, as illegal and arbitrary, and for consequential directions.
Heard the learned counsel for the parties and perused the material available on record.
It is the case of the appellant – petitioner that it has already deposited 50% in cash as directed by the Hon’ble single Judge and the other portion of the order could not be complied with. The time
granted by the Hon’ble Single Judge has already expired. Hence, learned counsel for the appellant – petitioner only prays for six weeks time to comply with the order of the Hon’ble Single Judge.
Heard the learned counsel for the parties and perused the material available on record.
Admittedly the appellant has already deposited 50% in cash as directed by the Hon’ble single Judge, but due to financial difficulties as submitted on behalf of the appellant by the learned counsel, it failed to furnish the bank guarantee as directed.
Considering the facts and circumstances of the case, it would be proper for us to extend the time by three more weeks from date to furnish such bank guarantee. No further order need be passed in this appeal.
The appeal is disposed of accordingly.
The appellant is at liberty to mention before the Hon’ble Single Judge for taking up the writ petition for final disposal at an early date at His Lordship’s convenience.
__________________________ PINAKI CHANDRA GHOSE, ACJ
VILAS V. AFZULPURKAR, J 25.9.2012
bnr
2 issues framed by the court
Whether to extend the time granted for furnishing a bank guarantee to comply with an interim order.
Whether the appellant's financial difficulties justify an extension of the deadline.
M/s. Shree Raghav Ispath (India) Pvt. Ltd.
The Central Power Distribution Company of Andhra Pradesh Limited
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
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