Karnataka High Court
Alpine Housing Development ... vs The Bangalore Electricity Company ... on 1 October, 2024
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NC: 2024:KHC:40987
WP No. 14850 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 14850 OF 2016 (GM-KEB)
BETWEEN:
ALPINE HOUSING DEVELOPMENT
CORPORATION LIMITED,
HAVING ITS REGISTERED OFFICE NO.10,
LANGFORD ROAD, BANGALORE - 560 025.
REPRESENT BY ITS MANAGING DIRECTOR,
MR. S.A.KABEER,
AGED ABOUT 60 YEARS,
S/O S.A ZAHIR,
...PETITIONER
(BY SRI. SIDDARTHA D.K., ADVOCATE FOR
SRI. ABHINAV R., ADVOCATE)
AND:
Digitally signed by
MAHALAKSHMI B M 1. THE BANGALORE ELECTRICITY
Location: HIGH COMPANY LIMITED,
COURT OF
KARNATAKA K.R. CIRCLE,
BANGALORE - 560 001.
REP BY ITS MANAGING DIRECTOR,
2. THE CHIEF ENGINEER (ELEC),
NO.14/3, 3RD FLOOR,
MAHARISHI, ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BANGALORE - 560 001.
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NC: 2024:KHC:40987
WP No. 14850 of 2016
3. THE ASSISTANT EXECUTIVE
ENGINEER (EI) BESCOM,
C-8-SUB DIVISION,
SAHAKARANAGAR,
BANGALORE - 560 092.
...RESPONDENTS
(BY SRI. SRIRANGA, SENIOR ADVOCATE FOR
SMT. SUMANA NAGANAND, ADVOCATE FOR R1 TO R3.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 2.3.2016 ISSUED BY THE R-3 AT
ANNEXURE-G IN SO FAR AS IT RELATES TO REQUESTING THE
PETITIONER TO PAY A SUM OF RS.28,50,000/- TOWARDS
SHORT CLAIM AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL ORDER
Learned counsel for the petitioner has filed memo to withdraw the petition with liberty to approach Consumer Grievance Redressal Forum (herein after referred to as 'CGRF' for short) under Section 126 of the Karnataka Electricity Act, 2003.
2. The memo is taken on record, which reads as under:
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NC: 2024:KHC:40987 WP No. 14850 of 2016 "The Petitioner herein submits that the Respondent has stated that there is alternative remedy to challenge the impugned order. The impugned order was passed without any basis. The Respondent, in their Statement of Objections filed only on 14.06.2024 has produced a document claiming to be the calculation for the amount levied in the impugned order. As such, the Petitioner may be permitted to challenge the impugned order herein and the calculation produced by the Respondent, before the appropriate forum. The time consumed in the present proceedings may be excluded in respect of the alternative remedy which the Petitioner has sought to avail before the appropriate forum and the benefit of Section 14 of the Limitation Act, 1963 may be extended to the Petitioner. Interim order passed in the present petition may be continued till such time that the Petitioner approaches the appropriate forum, in view of the fact that 50% of the amount levied under the impugned order has been deposited before this Hon'ble Court in compliance of the said Interim Order."
3. In light of submission and memo filed, the writ petition is disposed of with liberty to the petitioner to approach the CGRF.
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NC: 2024:KHC:40987 WP No. 14850 of 2016
4. In view of the deposit made by the petitioner to the extent of 50% before this Court in compliance of the interim order, this Court feels it appropriate to extend the interim order granted on 21.04.2016 by period of two weeks from the date of release of this Order. The amount in deposit to be transmitted to the CGRF.
Sd/-
(K.S. HEMALEKHA) JUDGE AT List No.: 1 Sl No.: 36