Mere pendency of the Civil Suit would not be a ground to disentitle the petitioners from obtaining an electricity connection in their name: High Court Of Delhi
Respondent/BSES Rajdhani Power Ltd. is directed to grant an electricity connection to the petitioners, subject to petitioners complying with the requisite codal and financial formalities for grant of an electricity connection was upheld by the High Court Of Delhi through the learned bench led by HON’BLE MR. JUSTICE SANJEEV SACHDEVA in the case of SHRI ASHOK PANWAR & ANR. Vs BSES RAJDHANI POWER LIMITED & ANR. (W.P.(C) 3819/2022 & CM. APPLS.11316-17/2022) on 07.03.2022.
Brief facts of the case are that the petitioners seek a direction to the respondent to grant a fresh electricity connection in the name of either of the petitioners at shop in property No.125, Shahpur Jat, New Delhi.
Learned counsel for petitioners submitted that there is an ongoing dispute with the family members of the petitioners and a Suit for partition has been filed by petitioner No.1. Even though there is an interim order in favour of the petitioner No.1 dated 09.11.2021 in CS (OS) 580/2021, protecting the possession of the petitioner No.1, electricity supply has been disconnected by the defendants to the suit. since petitioner No.2 is the son of petitioner No.1 and is running the shop from the said premises, petitioner No.1 has given a ‘No Objection Certificate’ in favour of respondent No.2 for obtaining an electricity connection in his name. Petitioner No.1 is further willing to execute any further document required by the BSES Rajdhani Power Ltd. for grant of an electricity connection in favour of Petitioner No. 2.
Learned counsel for respondents submitted that since there was a Civil Suit pending, connection has not been granted.
The Court observed “Mere pendency of the Civil Suit would not be a ground to disentitle the petitioners from obtaining an electricity connection in their name, particularly, in view of the fact that the petitioners are in possession of the subject property.”
The Court held that Respondent/BSES Rajdhani Power Ltd. is directed to grant an electricity connection to the petitioners, subject to petitioners complying with the requisite codal and financial formalities for grant of an electricity connection.
Click here to read the Judgement
Written by- Riya Singh, Legal Intern, Prime Legal