Delhi District Court
Laxmi Devi vs . Renu Sharma & Ors. on 28 March, 2011
1
IN THE COURT OF SH. JAGDISH KUMAR: JSCCcumASCJcumGJ
KARKARDOOMA: DELHI
M02/2011
Laxmi Devi Vs. Renu Sharma & Ors.
ORDER
1 This order shall dispose of an application of the applicant/plaintiff moved U/Sec.12 of the Contempt of Court Act, 1971. Vide this application applicant/plaintiff is seeking initiating proceedings against the respondent no. 1 Renu Sharma and BSES Yamuna Power Ltd. for not complying of order dated 19.10.10 which was passed on the statement of the plaintiff as well as defendant no. 1 and 2. 2 The brief facts of the case are that the present suit has been filed by the applicant/plaintiff Rimpi Gupta claiming herself as M03/11 1/6 2 st tenant with respect to suit property i.e A28/A, 1 Floor, Aruna Park, Shakarpur, Delhi92. The plaintiff was apprehension that the defendant no. 1 with the collusion of defendant no. 2 will disconnect the electricity of the plaintiff with the sole motive to dispossess the plaintiff from the premises occupied by her. The suit was subsequently amended and prayer was added to the suit with the effect that the defendant no. 2 BSES be directed to install a separate electricity meter in the tenanted premises. During the course of proceedings the defendants no. 1 and 2 has made their respective statements as under: Statement of Defendant no. 1 "I am defendant no. 1 in the present case. Without prejudice to my rights and contentions and without admitting the allegations made in plaint. I state that I have no objection if plaintiff is provided with the separate meter connection by the defendant no. 2/BSES on plaintiff's completing all commercial formalities as well as arrears of electricity dues. I say that I shall be bound by my undertaking made today."
Statement of AR defendant no. 2 "I am AR of defendant no. 2/BSES in the present case. I am authorized to make the M03/11 2/6 3 statement on behalf of defendant BSES. I state that defendant BSES is ready to provide fresh electricity connection to the plaintiff subject to plaintiff's completing all necessary commercial formalities as well as additional security of Rs. 3,000/. I say that defendant BSES shall provide the meter within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises. I say that defendant BSES shall be bound by my statement made today."
Plaintiff has also given her statement which is as under: Statement of plaintiff "I am plaintiff in the present case. I state that I shall complete all the necessary commercial formalities against the fresh meter which is provided to me by defendant no.2/BSES against the tenanted premises which is in my occupation. I undertake that I shall solely responsible for civil and criminal action against the meter which shall be provided to me by the BSES. I shall deposit a sum of Rs.3,000/ with the BSES as additional security as well as arrears of electricity dues. I have heard the statements given by the defendants today in the open Court. I am satisfied with their statement. I pray that in view of statement of defendants my present suit may be M03/11 3/6 4 dismissed as withdrawn as satisfied. I say that I shall be bound by my undertaking made today." 3 I have heard the Ld. Counsel for the parties and given my thoughtful consideration and perused the record. 4 It is argued by Ld. Counsel for applicant/plaintiff that despite giving statement in the Court BSES has not install install the electricity meter at the suit premises, hence he has disobeyed the order dated 19.10.10. On the other hand it is argued on behalf of respondent that the plaintiff has not complied with the order as well as the statement given by her before this Court. She has not deposited the sum of Rs.3,000/ as well as the arrears of electricity dues. The defendant no. 2 has asserted and reply in his reply that there is arrears of Rs.45,849/ of theft case at the premises A38/A, FF, Aruna Park, Shakarpur, Dehi92 as well as a theft case against A38/A, Gali No. 1, Shakarpur, Delhi92 has been booked and a sum of Rs.1,22,728/ has been raised. The premises is same premises. The plaintiff herself had made a statement that she will deposit the arrears of electricity dues. But dues has not been deposited by Applicant. M03/11 4/6 5 5 From the perusal of file it reveals that the order was passed on 19.10.10 and case was disposed of on the statements of parties being satisfied. The order was passed that defendant no. 2 will provide a meter to the plaintiff within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises.
6 Ld. Counsel for defendant further relied upon the judgment of Delhi High Court in case titled as Mathu Garg & Anr. Vs. North Delhi Power Ltd, 129 (2006) DLT 213 (DB). I have perused the judgment carefully. The Hon. High Court has held in that judgment that new owner/occupant, whether he was heir or successor or nor, has to pay outstanding dues if he wants to continuation/restoration of electricity connection. The notice of existence of arrears is not requirement in Clause2.1(iv) of General conditions of Supply. The Hon. High Court has further observed that there is no requirement for licensee to first initiate recovery proceedings by filing civil suit against old consumer before disconnecting supply. In the present suit the plaintiff herself has given statement that she will deposit a sum of Rs. M03/11 5/6 6 3,000/ with BSES as additional deposit as well as electricity dues, in her statement. The electricity dues are pending against the premises which has not been deposited and in view of the judgment the applicant/plaintiff is required to deposit the arrears of rent. The document has been placed by defendant no. 1 which reveals that Laxmi Devi has filed a civil suit in which she has admitted in para 4 that since April, 2006 there was an outstanding of electricity bills with respect to the premises. Even otherwise the occupant of the premises was found to use the electricity by illegal means i.e. by theft. So, in view of the above discussions the application of applicant/plaintiff is liable to be dismissed and the same is dismissed. 7 File be consigned to Record Room.
(Announced in open Court (JAGDISH KUMAR) today i.e 28.03.11) JSCC/ASCJ/GJ(East) KKD COURTS M03/11 6/6 7 M02/11 28.03.11 Present: Counsel for parties.
Arguments heard on application of applicant/plaintiff U/Sec.12 of Contempt of Court Act.
Put up for order at 4.00 p.m. (Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 At 4.00 p.m. Present: None.
Vide separate order the application of applicant/plaintiff U/Sec.12 of Contempt of Court Act is dismissed. File be consigned to Record Room.
(Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 M03/11 7/6 8 IN THE COURT OF SH. JAGDISH KUMAR: JSCCcumASCJcumGJ KARKARDOOMA: DELHI M03/2011 Sita Devi Vs. Renu Sharma & Ors.
ORDER 1 This order shall dispose of an application of the applicant/plaintiff moved U/Sec.12 of the Contempt of Court Act, 1971. Vide this application applicant/plaintiff is seeking initiating proceedings against the respondent no. 1 Renu Sharma and BSES Yamuna Power Ltd. for not complying of order dated 19.10.10 which was passed on the statement of the plaintiff as well as defendant no. 1 and 2. 2 The brief facts of the case are that the present suit has been filed by the applicant/plaintiff Rimpi Gupta claiming herself as M03/11 8/6 9 st tenant with respect to suit property i.e A28/A, 1 Floor, Aruna Park, Shakarpur, Delhi92. The plaintiff was apprehension that the defendant no. 1 with the collusion of defendant no. 2 will disconnect the electricity of the plaintiff with the sole motive to dispossess the plaintiff from the premises occupied by her. The suit was subsequently amended and prayer was added to the suit with the effect that the defendant no. 2 BSES be directed to install a separate electricity meter in the tenanted premises. During the course of proceedings the defendants no. 1 and 2 has made their respective statements as under: Statement of Defendant no. 1 "I am defendant no. 1 in the present case. Without prejudice to my rights and contentions and without admitting the allegations made in plaint. I state that I have no objection if plaintiff is provided with the separate meter connection by the defendant no. 2/BSES on plaintiff's completing all commercial formalities as well as arrears of electricity dues. I say that I shall be bound by my undertaking made today."
Statement of AR defendant no. 2 "I am AR of defendant no. 2/BSES in the present case. I am authorized to make the M03/11 9/6 10 statement on behalf of defendant BSES. I state that defendant BSES is ready to provide fresh electricity connection to the plaintiff subject to plaintiff's completing all necessary commercial formalities as well as additional security of Rs. 3,000/. I say that defendant BSES shall provide the meter within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises. I say that defendant BSES shall be bound by my statement made today."
Plaintiff has also given her statement which is as under: Statement of plaintiff "I am plaintiff in the present case. I state that I shall complete all the necessary commercial formalities against the fresh meter which is provided to me by defendant no.2/BSES against the tenanted premises which is in my occupation. I undertake that I shall solely responsible for civil and criminal action against the meter which shall be provided to me by the BSES. I shall deposit a sum of Rs.3,000/ with the BSES as additional security as well as arrears of electricity dues. I have heard the statements given by the defendants today in the open Court. I am satisfied with their statement. I pray that in view of statement of defendants my present suit may be M03/11 10/6 11 dismissed as withdrawn as satisfied. I say that I shall be bound by my undertaking made today." 3 I have heard the Ld. Counsel for the parties and given my thoughtful consideration and perused the record. 4 It is argued by Ld. Counsel for applicant/plaintiff that despite giving statement in the Court BSES has not install install the electricity meter at the suit premises, hence he has disobeyed the order dated 19.10.10. On the other hand it is argued on behalf of respondent that the plaintiff has not complied with the order as well as the statement given by her before this Court. She has not deposited the sum of Rs.3,000/ as well as the arrears of electricity dues. The defendant no. 2 has asserted and reply in his reply that there is arrears of Rs.45,849/ of theft case at the premises A38/A, FF, Aruna Park, Shakarpur, Dehi92 as well as a theft case against A38/A, Gali No. 1, Shakarpur, Delhi92 has been booked and a sum of Rs.1,22,728/ has been raised. The premises is same premises. The plaintiff herself had made a statement that she will deposit the arrears of electricity dues. But dues has not been deposited by Applicant. M03/11 11/6 12 5 From the perusal of file it reveals that the order was passed on 19.10.10 and case was disposed of on the statements of parties being satisfied. The order was passed that defendant no. 2 will provide a meter to the plaintiff within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises.
6 Ld. Counsel for defendant further relied upon the judgment of Delhi High Court in case titled as Mathu Garg & Anr. Vs. North Delhi Power Ltd, 129 (2006) DLT 213 (DB). I have perused the judgment carefully. The Hon. High Court has held in that judgment that new owner/occupant, whether he was heir or successor or nor, has to pay outstanding dues if he wants to continuation/restoration of electricity connection. The notice of existence of arrears is not requirement in Clause2.1(iv) of General conditions of Supply. The Hon. High Court has further observed that there is no requirement for licensee to first initiate recovery proceedings by filing civil suit against old consumer before disconnecting supply. In the present suit the plaintiff herself has given statement that she will deposit a sum of Rs. M03/11 12/6 13 3,000/ with BSES as additional deposit as well as electricity dues, in her statement. The electricity dues are pending against the premises which has not been deposited and in view of the judgment the applicant/plaintiff is required to deposit the arrears of rent. The document has been placed by defendant no. 1 which reveals that Sita Devi has filed a civil suit in which she has admitted in para 4 that since April, 2006 there was an outstanding of electricity bills with respect to the premises. Even otherwise the occupant of the premises was found to use the electricity by illegal means i.e. by theft. So, in view of the above discussions the application of applicant/plaintiff is liable to be dismissed and the same is dismissed.
7 File be consigned to Record Room.
(Announced in open Court (JAGDISH KUMAR) today i.e 28.03.11) JSCC/ASCJ/GJ(East) KKD COURTS M03/11 13/6 14 M03/11 28.03.11 Present: Counsel for parties.
Arguments heard on application of applicant/plaintiff U/Sec.12 of Contempt of Court Act.
Put up for order at 4.00 p.m. (Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 At 4.00 p.m. Present: None.
Vide separate order the application of applicant/plaintiff U/Sec.12 of Contempt of Court Act is dismissed. File be consigned to Record Room.
(Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 M03/11 14/6 15 IN THE COURT OF SH. JAGDISH KUMAR: JSCCcumASCJcumGJ KARKARDOOMA: DELHI M04/2011 Shanti Devi Vs. Renu Sharma & Ors.
ORDER 1 This order shall dispose of an application of the applicant/plaintiff moved U/Sec.12 of the Contempt of Court Act, 1971. Vide this application applicant/plaintiff is seeking initiating proceedings against the respondent no. 1 Renu Sharma and BSES Yamuna Power Ltd. for not complying of order dated 19.10.10 which was passed on the statement of the plaintiff as well as defendant no. 1 and 2. 2 The brief facts of the case are that the present suit has been filed by the applicant/plaintiff Rimpi Gupta claiming herself as M03/11 15/6 16 st tenant with respect to suit property i.e A28/A, 1 Floor, Aruna Park, Shakarpur, Delhi92. The plaintiff was apprehension that the defendant no. 1 with the collusion of defendant no. 2 will disconnect the electricity of the plaintiff with the sole motive to dispossess the plaintiff from the premises occupied by her. The suit was subsequently amended and prayer was added to the suit with the effect that the defendant no. 2 BSES be directed to install a separate electricity meter in the tenanted premises. During the course of proceedings the defendants no. 1 and 2 has made their respective statements as under: Statement of Defendant no. 1 "I am defendant no. 1 in the present case. Without prejudice to my rights and contentions and without admitting the allegations made in plaint. I state that I have no objection if plaintiff is provided with the separate meter connection by the defendant no. 2/BSES on plaintiff's completing all commercial formalities as well as arrears of electricity dues. I say that I shall be bound by my undertaking made today."
Statement of AR defendant no. 2 "I am AR of defendant no. 2/BSES in the present case. I am authorized to make the M03/11 16/6 17 statement on behalf of defendant BSES. I state that defendant BSES is ready to provide fresh electricity connection to the plaintiff subject to plaintiff's completing all necessary commercial formalities as well as additional security of Rs. 3,000/. I say that defendant BSES shall provide the meter within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises. I say that defendant BSES shall be bound by my statement made today."
Plaintiff has also given her statement which is as under: Statement of plaintiff "I am plaintiff in the present case. I state that I shall complete all the necessary commercial formalities against the fresh meter which is provided to me by defendant no.2/BSES against the tenanted premises which is in my occupation. I undertake that I shall solely responsible for civil and criminal action against the meter which shall be provided to me by the BSES. I shall deposit a sum of Rs.3,000/ with the BSES as additional security as well as arrears of electricity dues. I have heard the statements given by the defendants today in the open Court. I am satisfied with their statement. I pray that in view of statement of defendants my present suit may be M03/11 17/6 18 dismissed as withdrawn as satisfied. I say that I shall be bound by my undertaking made today." 3 I have heard the Ld. Counsel for the parties and given my thoughtful consideration and perused the record. 4 It is argued by Ld. Counsel for applicant/plaintiff that despite giving statement in the Court BSES has not install install the electricity meter at the suit premises, hence he has disobeyed the order dated 19.10.10. On the other hand it is argued on behalf of respondent that the plaintiff has not complied with the order as well as the statement given by her before this Court. She has not deposited the sum of Rs.3,000/ as well as the arrears of electricity dues. The defendant no. 2 has asserted and reply in his reply that there is arrears of Rs.45,849/ of theft case at the premises A38/A, FF, Aruna Park, Shakarpur, Dehi92 as well as a theft case against A38/A, Gali No. 1, Shakarpur, Delhi92 has been booked and a sum of Rs.1,22,728/ has been raised. The premises is same premises. The plaintiff herself had made a statement that she will deposit the arrears of electricity dues. But dues has not been deposited by Applicant. M03/11 18/6 19 5 From the perusal of file it reveals that the order was passed on 19.10.10 and case was disposed of on the statements of parties being satisfied. The order was passed that defendant no. 2 will provide a meter to the plaintiff within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises.
6 Ld. Counsel for defendant further relied upon the judgment of Delhi High Court in case titled as Mathu Garg & Anr. Vs. North Delhi Power Ltd, 129 (2006) DLT 213 (DB). I have perused the judgment carefully. The Hon. High Court has held in that judgment that new owner/occupant, whether he was heir or successor or nor, has to pay outstanding dues if he wants to continuation/restoration of electricity connection. The notice of existence of arrears is not requirement in Clause2.1(iv) of General conditions of Supply. The Hon. High Court has further observed that there is no requirement for licensee to first initiate recovery proceedings by filing civil suit against old consumer before disconnecting supply. In the present suit the plaintiff herself has given statement that she will deposit a sum of Rs. M03/11 19/6 20 3,000/ with BSES as additional deposit as well as electricity dues, in her statement. The electricity dues are pending against the premises which has not been deposited and in view of the judgment the applicant/plaintiff is required to deposit the arrears of rent. Even otherwise the occupant of the premises was found to use the electricity by illegal means i.e. by theft. So, in view of the above discussions the application of applicant/plaintiff is liable to be dismissed and the same is dismissed.
6 File be consigned to Record Room.
(Announced in open Court (JAGDISH KUMAR) today i.e 28.03.11) JSCC/ASCJ/GJ(East) KKD COURTS M03/11 20/6 21 M04/11 28.03.11 Present: Counsel for parties.
Arguments heard on application of applicant/plaintiff U/Sec.12 of Contempt of Court Act.
Put up for order at 4.00 p.m. (Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 At 4.00 p.m. Present: None.
Vide separate order the application of applicant/plaintiff U/Sec.12 of Contempt of Court Act is dismissed. File be consigned to Record Room.
(Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 M03/11 21/6 22 IN THE COURT OF SH. JAGDISH KUMAR: JSCCcumASCJcumGJ KARKARDOOMA: DELHI M05/2011 Rimpi Gupta Vs. Renu Sharma & Ors.
ORDER 1 This order shall dispose of an application of the applicant/plaintiff moved U/Sec.12 of the Contempt of Court Act, 1971. Vide this application applicant/plaintiff is seeking initiating proceedings against the respondent no. 1 Renu Sharma and BSES Yamuna Power Ltd. for not complying of order dated 19.10.10 which was passed on the statement of the plaintiff as well as defendant no. 1 and 2. 2 The brief facts of the case are that the present suit has been filed by the applicant/plaintiff Rimpi Gupta claiming herself as M03/11 22/6 23 st tenant with respect to suit property i.e A28/A, 1 Floor, Aruna Park, Shakarpur, Delhi92. The plaintiff was apprehension that the defendant no. 1 with the collusion of defendant no. 2 will disconnect the electricity of the plaintiff with the sole motive to dispossess the plaintiff from the premises occupied by her. The suit was subsequently amended and prayer was added to the suit with the effect that the defendant no. 2 BSES be directed to install a separate electricity meter in the tenanted premises. During the course of proceedings the defendants no. 1 and 2 has made their respective statements as under: Statement of Defendant no. 1 "I am defendant no. 1 in the present case. Without prejudice to my rights and contentions and without admitting the allegations made in plaint. I state that I have no objection if plaintiff is provided with the separate meter connection by the defendant no. 2/BSES on plaintiff's completing all commercial formalities as well as arrears of electricity dues. I say that I shall be bound by my undertaking made today."
Statement of AR defendant no. 2 "I am AR of defendant no. 2/BSES in the present case. I am authorized to make the M03/11 23/6 24 statement on behalf of defendant BSES. I state that defendant BSES is ready to provide fresh electricity connection to the plaintiff subject to plaintiff's completing all necessary commercial formalities as well as additional security of Rs. 3,000/. I say that defendant BSES shall provide the meter within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises. I say that defendant BSES shall be bound by my statement made today."
Plaintiff has also given her statement which is as under: Statement of plaintiff "I am plaintiff in the present case. I state that I shall complete all the necessary commercial formalities against the fresh meter which is provided to me by defendant no.2/BSES against the tenanted premises which is in my occupation. I undertake that I shall solely responsible for civil and criminal action against the meter which shall be provided to me by the BSES. I shall deposit a sum of Rs.3,000/ with the BSES as additional security as well as arrears of electricity dues. I have heard the statements given by the defendants today in the open Court. I am satisfied with their statement. I pray that in view of statement of defendants my present suit may be M03/11 24/6 25 dismissed as withdrawn as satisfied. I say that I shall be bound by my undertaking made today." 3 I have heard the Ld. Counsel for the parties and given my thoughtful consideration and perused the record. 4 It is argued by Ld. Counsel for applicant/plaintiff that despite giving statement in the Court BSES has not install install the electricity meter at the suit premises, hence he has disobeyed the order dated 19.10.10. On the other hand it is argued on behalf of respondent that the plaintiff has not complied with the order as well as the statement given by her before this Court. She has not deposited the sum of Rs.3,000/ as well as the arrears of electricity dues. The defendant no. 2 has asserted and reply in his reply that there is arrears of Rs.45,849/ of theft case at the premises A38/A, FF, Aruna Park, Shakarpur, Dehi92 as well as a theft case against A38/A, Gali No. 1, Shakarpur, Delhi92 has been booked and a sum of Rs.1,22,728/ has been raised. The premises is same premises. The plaintiff herself had made a statement that she will deposit the arrears of electricity dues. But dues has not been deposited by Applicant. M03/11 25/6 26 5 From the perusal of file it reveals that the order was passed on 19.10.10 and case was disposed of on the statements of parties being satisfied. The order was passed that defendant no. 2 will provide a meter to the plaintiff within one week from the deposit of necessary charges and after completing the necessary commercial formalities including arrears of electricity dues against the particular premises.
6 Ld. Counsel for defendant further relied upon the judgment of Delhi High Court in case titled as Mathu Garg & Anr. Vs. North Delhi Power Ltd, 129 (2006) DLT 213 (DB). I have perused the judgment carefully. The Hon. High Court has held in that judgment that new owner/occupant, whether he was heir or successor or nor, has to pay outstanding dues if he wants to continuation/restoration of electricity connection. The notice of existence of arrears is not requirement in Clause2.1(iv) of General conditions of Supply. The Hon. High Court has further observed that there is no requirement for licensee to first initiate recovery proceedings by filing civil suit against old consumer before disconnecting supply. In the present suit the plaintiff herself has given statement that she will deposit a sum of Rs. M03/11 26/6 27 3,000/ with BSES as additional deposit as well as electricity dues, in her statement. The electricity dues are pending against the premises which has not been deposited and in view of the judgment the applicant/plaintiff is required to deposit the arrears of rent. Even otherwise the occupant of the premises was found to use the electricity by illegal means i.e. by theft. So, in view of the above discussions the application of applicant/plaintiff is liable to be dismissed and the same is dismissed.
6 File be consigned to Record Room.
(Announced in open Court (JAGDISH KUMAR) today i.e 28.03.11) JSCC/ASCJ/GJ(East) KKD COURTS M03/11 27/6 28 M05/11 28.03.11 Present: Counsel for parties.
Arguments heard on application of applicant/plaintiff U/Sec.12 of Contempt of Court Act.
Put up for order at 4.00 p.m. (Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 At 4.00 p.m. Present: None.
Vide separate order the application of applicant/plaintiff U/Sec.12 of Contempt of Court Act is dismissed. File be consigned to Record Room.
(Jagdish Kumar) JSCC/ASCJ/GJ(East) KKD COURTS/28.03.11 M03/11 28/6