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M/S L. Kant Paper Mills Ltd. And Another v. Dakshinanchal Vidyut Vitran Nigam Limited And Others - WRIT - C No. 73317 of 2005  RD-AH 6651 (30 November 2005)
Court No. 1
Civil Misc. Writ Petition No.73317 of 2005
M/S L.Kant Paper Mills Ltd. and another vs. Dakshinanchal Vidyut Vitran Nigam Ltd. and others
HON'BLE YATINDRA SINGH, J.
HON'BLE RK RASTOGI, J
1. This is a writ petition against the recovery of electricity dues.
2. We have heard Counsel for the petitioners and the standing counsel and Sri W.H.Khan for the respondents.
3. The counsel for the petitioners has made statement at the bar that this is the first writ petition against the recovery and this fact has also been stated in the writ petition. According to the petitioners they could not pay the amount due to the circumstances beyond their control. In view of this, it would be appropriate to dispose of this writ petition with following directions.
The petitioner may deposit the entire arrears in thirty six equal monthly instalments. In calculating the arrears the amount (if any) already paid will be adjusted.
The first instalment may be deposited before the end of 31st December, 2005 and the subsequent instalments may be deposited after the interval of every one month. These deposits may be made before respondent no. 2. In case instalments are deposited before respondent no. 2, then the recovery charges will not be recovered from the petitioners. Apart from these monthly instalments the petitioners shall also pay regular monthly bills.
During this period, the recovery proceedings will be kept in abeyance and electricity connection of the petitioners will be restored within 48 hours of the deposit of the first instalment. In case the petitioners default in depositing the instalments within the above-stipulated time or do not pay regular monthly bill then it will be open to the respondents to start recovery proceedings again including disconnection of the electricity connection.
The petitioners may file application for the accounts along with duly stamped self-addressed envelope. In case any such application is filed, the same will be given to the petitioners by respondent no. 2 after deposit of first instalment.
This order will not affect any auction already held. In that event the petitioners may take appropriate legal proceedings to set aside the auction under UPZA & LR Act and Rules, 1952 or file a suit in accordance with law.
It is clarified that this order will not be operative in case the petitioners have filed any other earlier writ petition against the recovery.
4. With these directions the writ petition is disposed of.
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