Delhi High Court - Orders
Jamia Hamdard vs Bses Rajdhani Power Limited & Ors on 14 September, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12090/2023, CM APPL. 47458/2023 & CM APPL.
47459/2023
JAMIA HAMDARD ..... Petitioner
Through: Mr. Vibha Datta Makhija, Sr.
Advocate with Mr. Mobashir
Sarwar, Mr. Swaroop George, Ms.
Mumtaz Javed Shaikh, Mr.
Praveen gaur and Mr. Karan,
Advocates.
versus
BSES RAJDHANI POWER LIMITED & ORS. ..... Respondents
Through: Mr. Rishab Raj Jain, SC for BSES
RPL with Mr. Sharique Hussain,
Advocate.
Mr. Saket Sikri, Mr. Vikalp
Mudgai and Mr. Ajaypal Singh
Kullar, Advocates for R-2 and 3.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 14.09.2023
1. Issue notice. Mr. Rishab Raj Jain, learned Standing Counsel, accepts notice on behalf of BSES Rajdhani Power Limited ["BSES"]. Mr. Saket Sikri, learned counsel, accepts notice on behalf of respondent Nos.2 and 3. At the request of Mr. Vibha Datta Makhija, learned Senior Advocate for the petitioner, respondent No.4 - Delhi Electricity Regulatory Commission is deleted from the array of parties.
2. The petitioner - Jamia Hamdard ["the University"] is a deemed W.P.(C) 12090/2023 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 19:25:03 university in terms of Section 3 of the University Grants Commission Act, 1956. It has filed this writ petition challenging the decision of respondent No.1- BSES, by which a new electricity connection has been sanctioned to Hamdard Institute of Medical Sciences & Research ["HIMSR"] and Hamdard Education Society ["HES"].
3. It is undisputed that HIMSR is a constituent of the petitioner university. Members of the family of the founder of the University entered into a deed of Family Settlement Deed dated 22.10.2019, under which the various businesses, properties and institutions run by the family are to be divided amongst them. Disputes between the parties to the Family Settlement Deed, including with regard to HIMSR, are at present pending arbitration before a learned Arbitrator, appointed by this Court vide order dated 20.09.2022 in O.M.P.(I) 7/2022.
4. While the matters are pending, the immediate provocation for filing the present writ petition is that HIMSR and HES have applied for a new electricity connection for HIMSR, which has been granted by BSES. Ms. Makhija submits that this tends to disturb the status-quo, which has been preserved by interim directions of the learned Arbitrator dated 02.03.2023.
5. The admitted position is that HIMSR, at present, has an electricity connection in the name of the petitioner - University. Electricity bills are raised by BSES upon the University and are paid by HIMSR through the Registrar of the University.
6. Mr. Saket Sikri, learned counsel for HIMSR and HES, submits that the occasion to apply for a separate electricity connection arose because the University did not maintain uninterrupted electricity connection to W.P.(C) 12090/2023 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 19:25:03 HIMSR, which is undoubtedly essential for the functioning of a medical college and hospital. While Ms. Makija disputes this factual allegation, she has no hesitation in undertaking that the load required by HIMSR will be maintained without any interference from the University.
7. In the facts and circumstances above, and with the objective of maintaining the status-quo between the parties to the Family Settlement Deed during the pendency of the arbitral proceedings, the writ petition is disposed of with the following directions:
a. The petitioner - University will apply for an additional load of 2000/KVA for HIMSR's existing electricity connection and comply with all formalities required by BSES for this purpose, within a period of three weeks from today.
b. In the event that sanction of additional load in the existing connection is not permissible for any reason, the petitioner will apply for a new connection in the same name as the existing connection which services the requirements of HIMSR. c. The expenses for activation of additional load or a new connection, as the case may be, and for all consumption charges arising therefrom, will be borne in the same manner as the existing electricity consumption of HIMSR, i.e. bills will be raised by BSES in the name of the University; these will be paid by HIMSR/HES to the University, and transmitted by the University to BSES.
d. The representatives of the petitioner- University and HIMSR/HES are directed to coordinate with each other and cooperate for the fulfilment of the requirements of BSES, so that the issue can be W.P.(C) 12090/2023 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 19:25:03 resolved expeditiously.
8. It is made clear that these directions are passed without prejudice to the rights and contentions of the parties to the Family Settlement Deed, whose contentions are being adjudicated in the pending arbitral proceedings.
9. The petition, alongwith pending applications, is disposed of with the aforesaid directions.
PRATEEK JALAN, J SEPTEMBER 14, 2023 SS/ W.P.(C) 12090/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 19:25:03