Full Judgment Text
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PETITIONER:
W.B.S.E.B.
Vs.
RESPONDENT:
FAKIR CHAND RICE MILLS & ORS.
DATE OF JUDGMENT: 27/02/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
AHMAD SAGHIR S. (J)
G.B. PATTANAIK (J)
CITATION:
JT 1996 (2) 569 1996 SCALE (3)67
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Mr. A.D. Sikri, learned counsel] accepts notice on
behalf of the respondents. We have heard the counsel for the
parties.
Leave granted.
As rightly pointed out by the counsel for the
respondents, it is a discretionary order. The discretion
would also be properly exercised by the courts below when
dealing with the points in controversy. A demand of
Rs.28,68,264.06 was made on the allegation that there were
pilferages in the meter reading of the electrical energy
supplied to the respondents. In a suit by the respondents
for supply of energy to the respondents, the trial Court
directed payment of Rs.2,60,000/- and odd. On appeal, it was
confirmed. When it was carried in revision, the High Court
in C.O. No.2714 of 1995 modified the order and directed the
respondents to deposit a sum of Rs.5,50,000/-. Thus this
appeal by special leave.
A demand notice for Rs.28 lakhs and odd having been
issued, the question is: whether the Court was right in
directing ultimately payment of Rs.5,60,000/-? The High
Court does not appear to have addressed itself to the
questions. lt simply repeated that it was a discretionary
order passed by the courts below directing payment of
Rs.2.60 lakhs and at the same time directed the respondents
to deposit Rs.5,60,000/- without adjudicating the matter.
Normally, in matters of money claim, at least half of the
amount would be directed to be deposited In the situation
obtaining in this case, when the appellant is obligated to
supply electrical energy to the respondents, an equal
obligation has to be cast on the respondents to pay the
amount subject to determination of controversy in the suit.
Under these circumstances, the respondents are directed to
deposit a sum of Rs.12 lakhs within a period of two months
from today. If the amount of Rs.5,60,000/- has already been
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deposited, the same may be given credit for the payment and
the balance be paid within the aforesaid period.
The appeal is accordingly disposed of. No costs.