Interim Order 3

Order Details: COPY OF ORDER
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8 Civ Suit 213/25
SANTOSH SHARMA Vs. BSES YAMUNA POWER LIMITED
21.05.2025
Present: Sh. Balmukund Singh, Ld. Counsel for plaintiff.
Summons issued to defendant have been received
back served on 19.05.2025.
One Sh. Prashant Kumar Sharma, ld. counsel for
BSES has marked his attendance on chat box at 9:58 am.
However, he is not online. In such circumstances, be awaited till
11:30 am.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
21.05.2025
At 11:30 am.
Present: Sh. Balmukund Singh, Ld. Counsel for plaintiff.
None for defendant.
No one has appeared on behalf of the defendant
despite repeated calls and also despite the fact that it was
mentioned on the chat box at 10:32 am that the present matter
would be taken up at 11:30 am.
In such circumstances, the arguments on the interim
application are being heard only on behalf of the plaintiff.
Ld. counsel for the plaintiff has argued that the
defendant illegally transferred an amount of Rs.49,572.78/- of
parking electricity bill of CA bearing No. 351025845 to the
electricity connection meter of the husband of the plaintiff,
Dinesh Chand Sharma bearing CA No. 151802499. It is further
argued that the defendant disconnected the electricity connection
of her husband on 20.09.2024 and a suit for declaration and
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mandatory injunction against the defendant has been filed before
the Ld. Civil Judge-01, Shahdara District, KKD. It is further
submitted that the defendant has transferred the bill in the sum of
Rs.69,430/- of electricity connection meter of Sh. Dinesh Chand
Sharma bearing CA no. 151802499 to the electricity connection
metre of the plaintiff installed at the first floor of the suit
property i.e. H.No. D-11, gali no. 4, Ankur Enclave, Karawal
Nagar, Delhi-94 bearing no. CA No. 151806016. Further, it is
argued that the defendant has started threatening the plaintiff to
disconnect the metre at the first floor if she would not pay the
electricity bill.
The plaintiff has filed on record copy of electricity
bill with due date 28.04.2025 amounting to Rs.2,250/- as well as
the printout of the page of BSES online portal reflecting a
demand of Rs.71,680/-. Thus, upon a consideration of the
submissions made by the plaintiff as well as the documents filed
alongwith the plaint, this court is of the opinion that the plaintiff
has been able to show a prima facie case that Rs.69,430/- have
been added to her regular bill all of a sudden without providing
any reason. The defendant has not appeared despite service to
present any contrary version or rebuttal to the averments made
by the plaintiff. Further, the balance of convenience also lies
with the plaintiff as disconnection of electricity supply would
affect her basic amenities and living conditions.
For the aforementioned reasons, the application
under Order 39 Rule 1 and 2 CPC is allowed and the defendant is
hereby restrained from disconnecting the connection of the
plaintiff bearing CA No. 151806016 installed at the first floor of
the suit property on account of the non-payment of the disputed
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amount of Rs.69,430/-. This restraint shall remain in operation
till the disposal of the suit subject to the condition that the
plaintiff shall continue to make timely payments of the current
monthly electricty bills as and when generated.
It is clarified that this order is purely interim in
nature and shall not be construed as an expression of opinion on
the merits of the case. The interim application is accordingly
disposed of.
Further, defendant is directed to file WS within
stipulated time mentioned in CPC with advance copy to the
opposite party at least 15 days prior to the NDOH. The plaintiff
is also directed to file replication, if any, with advance copy to
the opposite party before the NDOH.
Be put up for further proceedings on 03.07.2025.
Copy of this order be given dasti to plaintiff, as
prayed for.
(Dr. Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
21.05.2025
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