Himachal Pradesh High Court
M/S Kundlas Loh Udyog vs Himachal Pradesh State Electricity ... on 26 May, 2020
Bench: Tarlok Singh Chauhan, Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.1511 of 2020.
.
Date of decision: 26.05.2020.
M/S KUNDLAS LOH UDYOG .....Petitioner.
Versus
Himachal Pradesh State Electricity Board Ltd.
and others
.....Respondents.
Coram
r to
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Anoop Chitkara, Judge.
Whether approved for reporting?1 No
For the Petitioner : Mr. Amit Jamwal, Advocate.
For the Respondents: Mr. Tara Singh Chauhan,
Advocate.
COURT PROCEEDINGS CONVENED THROUGH
VIDEO CONFERENCE.
Tarlok Singh Chauhan, Judge (Oral)
The limited prayer, with which the consumer, has come up with the writ petition, is to permit it to make the payment of the arrears of electricity dues in installments.
2. Heard Mr. Amit Jamwal, Advocate, for the petitioner and Mr. Tara Singh Chauhan, Advocate, for the respondents.
1Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 27/05/2020 20:22:55 :::HCHP 2
3. It is stated by the learned counsel for the petitioner that on account of the lockdown due to Covid-19 pandemic, the .
Industry has been closed, whereas the liability of the Company to pay is mounting everyday as the labours and other employees have to be paid their salaries and other emoluments in terms of the directions issued by the Government.
4. We take judicial notice of the fact that as regards the State of Himachal Pradesh, in addition to the lockdown, there is also curfew imposed throughout the State by the Government.
In such circumstances, the petitioner-Company is definitely not in a position to carry out its manufacturing activities or other activities so as to generate any income.
5. Therefore, taking into account the overall facts and circumstances, the writ petition is disposed of directing the petitioner to pay the arrears of dues, which are more than rupees twenty crores, in four monthly installments.
6. As regards, the prayer made by the petitioner for exempting it from payment of surcharge, we really do not find any merit in the said prayer, as admittedly, the petitioner-
Company has defaulted in making payments towards the outstanding electricity charges on earlier occasions.
7. The payments of the outstanding amount in terms of this order shall now be made in four equal installments on or ::: Downloaded on - 27/05/2020 20:22:55 :::HCHP 3 before the 10th day of every month. In the event of default of any installment or major part thereof, the respondents shall be at .
liberty to disconnect the electricity connection of the petitioner.
In addition thereto, the petitioner shall also be liable to be proceeded and prosecuted under the Contempt of Courts Act.
The parties are left to bear their own costs. Pending application(s), if any, shall also stand disposed of.
r to (Tarlok Singh Chauhan)
Judge
(Anoop Chitkara)
Judge
26th May, 2020.
(krt)
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