Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 CS SCJ 664/26 ACHLA Vs. BSES RAJDHANI POWER LTD.
02.07.2026
Present : Shri Tanishq Panwar, Ld. Counsel for plaintiff.
Shri Jasbir Singh and Ms. Vidya Rai, Ld. Counsels
for defendant along with AR Mr. Pramod Kumar
Gupta.
WS along with reply to the application under Order
39 Rule 1 & 2 CPC filed on behalf of the defendant. Copy
supplied.
An application under Order 6 Rule 17 CPC along
with amended plaint filed on behalf of the plaintiff. Ld. Counsel
for plaintiff submits that a fresh application under Order 39 Rule 1
& 2 CPC has been moved by the plaintiff. Copy is stated to be
supplied.
At request of Ld. Counsel for plaintiff, matter is
passed over till 11:30 A.M.
Robinjeet Singh
JSCC/ASCJ/GJ/PHC
New Delhi/02.07.2026.
At 11:30 A.M.
Present : Ms. Nandita Rao, Sr. Advocate along with
Shri Tanishq Panwar, Shri Dipit Sareen, Shri Ankur
Raghav and Shri Ujwal Sharma, Ld. Counsels for
plaintiff.
Shri Jasbir Singh and Ms. Vidya Rai, Ld. Counsels
for defendant along with AR Mr. Pramod Kumar
Gupta.
Arguments heard on an application under Order 6
Rule 17 CPC moved on behalf of the plaintiff.
Contd….
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Keeping in view the no objection given by Ld.
Counsel for defendant, averments made in the application,
submissions advanced and in the interest of justice, the application
stands allowed and the amended plaint along with annexed
documents are taken on record.
Plaintiff has moved a fresh application under Order
39 Rule 1 & 2 CPC. Copy already supplied.
Ld. Counsel for plaintiff submits that the electricity
supply at the suit premises was disconnected on 10.06.2026 and
thereafter, in view of the discussion held on 11.06.2026 between
the plaintiff and the officials of the department, the plaintiff
deposited 10% of the disputed amount, under protest, and the
electricity supply was restored on 17.06.2026. Ld. Counsel for
plaintiff further submits that a letter dated 18.06.2026 has been
received from the defendant
inter-alia stating that if plaintiff fails
to pay the remaining amount within 15 days, the electricity supply
at the suit premises will be disconnected.
Ld. Counsel for plaintiff further submits that till the
time the interim application moved by the plaintiff is adjudicated,
parties may be directed to maintain status quo with respect to
existing electricity connection at the suit premises.
Ld. Counsel for defendant objected to the same on
the premise that there has been a theft of electricity and the
department is in the process of initiating criminal proceedings
under Section 135/138 of the Electricity Act against the plaintiff.
He further submits that proper procedure as per the Act has been
followed.
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Further, Ld. Counsel for defendant admits that as
such no procedure is there in the Statute qua reconnection of the
electricity once it is disconnected until and unless the consumer
pays the complete amount of the bill.
Heard.
From the submissions canvassed on behalf of both
the parties, admittedly electricity supply at suit premises was
disconnected on 10.06.2026 and the same was reconnected by the
officials of defendant on 17.06.2026 after accepting the part
payment of the impugned bill amount from the plaintiff on
12.06.2026. Thereafter, the impugned notice dated 18.06.2026
was served upon the plaintiff. Here, it is note-worthy that prima-
facie, defendant itself appears to have departed from the procedure
which it seeks to rely upon against the plaintiff. Ld. Counsel for
the plaintiff has also pointed out lapses and certain discrepancies
in the documents relied upon by the defendant.
In the wake of abovementioned factual scenario,
admission, conduct of the defendant and the fact that electricity is
an essential service and indispensable requirement of day to day
life, the parties are directed to maintain status quo with respect to
the existing electricity connection at the suit premises.
This order shall operate till the disposal of the
application under Order 39 Rule 1 & 2 CPC and nothing herein
shall be construed as an expression upon merits of the instant
case.
Contd…./-
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Put up for reply and arguments on the application
under Order 39 Rule 1 & 2 CPC on 25.08.2026.
Robinjeet Singh
JSCC/ASCJ/GJ/PHC
New Delhi/02.07.2026.
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