Constitution of India — Article 136

July 29th, 2013

Constitution of India — Article 136 — Restoration of electricity connection — Failure to make payment of huge outstanding electrical charges, Effect of — Appeal against interim order passed by High Court in Writ Appeal and the order passed in Contempt Petition whereby High Court by way of interim directions, directed the Electricity Department-appellants to restore the electricity service connection to respondent on payment of reconnection charges — Held, amount of the electrical charges of Rs.28,54,63,320/- is outstanding and payable by the respondent-industry — In a case of this nature, the High Court was not justified in directing the appellants to restore the electrical connection on payment of a paltry sum of Rs.18,89,244/-, which is the amount said to be admitted by the respondent-industry — It may not be just and proper to direct the appellants to restore the electrical connection — Impugned order(s) passed by the High Court in Writ Appeal and in Contempt Petition are set aside — High Court to consider the appeal filed by respondents on merits and in accordance with law as expeditiously as possible.

(Para 8, 10 & 11)

Executive Engineer-II, Electricity Deptartment Govt. of Puducherry v. Sri Kanakadurga Castings (P) Ltd.[Bench Strength 2], Civil Appeal No. 4444/2013 (@ Special Leave Petition (Civil) No. 17530/2013 @ CC No. 9343/2013)(06/05/2013), 2013(4) Supreme 47 [H.L. Dattu, J.: Jagdish Singh Khehar, J.]

Entry Filed under: Judgements