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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4444   OF 2013 (@ SPECIAL LEAVE PETITION (CIVIL) NO.17530 OF 2013  

@ CC No.9343/2013)  

THE EXECUTIVE ENGINEER-II, ELECTRICITY DEPT.  GOVT. OF PUDUCHERRY & ORS.ETC. APPELLANTS

VERSUS

M/S.SRI KANAKADURGA CASTINGS (P) LTD.     RESPONDENT

O R D E R

1. Delay condoned.

2. Leave granted.

3. This appeal is directed against the interim order passed  

by the High Court of Judicature at Madras in M.P.No.2 of 2013 in  

Writ Appeal No.15 of 2013, dated 08.01.2013 and the order passed in  

Contempt Petition No.555 of 2013, dated 03.04.2013.

4. By  order  dated  08.01.2013,  the  High  Court  by  way  of  

interim  directions,  directed  the  Electricity  Department  -  

Respondents therein to restore the electricity service connection to  

M/s Sri Kanka Durga Castings (P) Ltd. - Appellant therein on payment  

of reconnection charges.

5. Since the respondents therein had not complied with the  

interim  direction  so  issued,  the  respondent  herein  had  filed  a  

Contempt Petition before the High Court   bearing Contempt Petition

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No.555 of 2013. The High Court, by its Order dated  03.04.2013 has  

directed the respondents therein to restore the electricity service  

connection  to  the  appellant  therein  on  depositing  the  admitted  

amount of Rs.18,89,244/- within a period of four weeks' from the  

date of the order.

6. Being aggrieved by the said Order, the respondents in the  

Writ Appeal are before us in the present petition.

7. We have heard Shri G.E.Vahanvati, learned Attorney General  

appearing  for  the  appellants  and  Shri  L.  Nageswara  Rao,  learned  

senior counsel appearing for the respondent-industry.

8. According to the learned Attorney General, the assessed  

amount of the electrical charges is a sum of Rs.28,54,63,320/-. This  

amount is outstanding and payable by the respondent-industry.  In a  

case of this nature, the High Court was not justified in directing  

the  appellants  herein  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.

9. On  the  last  date  of  hearing,  we  had  informed  Shri  

Nageswara Rao, learned senior counsel for the respondent that, if  

the respondent-industry is prepared to pay the aforesaid assessed  

amount as stated by learned Attorney General, according to whom, the  

respondent-industry is liable to pay the entire amount of assessed  

liability.  Shri Rao, learned senior counsel would submit that the  

respondent-industry is not in a position to pay any amount beyond a  

sum of Rupees Three Crores.

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10. Keeping in view the assessed amount and the offer made by  

Shri Rao, in our opinion, it may not be just and proper to direct  

the appellants herein to restore the electrical connection to the  

respondent-industry.

11. In view of the above, while setting aside the impugned  

order(s) passed by the High Court in M.P.No.2 of 2013 in Writ Appeal  

No.15 of 2013, dated 08.01.2013 and in Contempt Petition No.555 of  

2013, dated 03.04.2013, we request the High Court to consider the  

appeal filed by the appellant herein on merits and in accordance  

with  law  as  expeditiously  as  possible,  at  any  rate,  within  six  

months from the date of receipt of this Order.    

12. Accordingly, the Civil Appeal is disposed of.  All the  

contentions of both the parties are kept open. No order as to costs.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (JAGDISH SINGH KHEHAR)

NEW DELHI; MAY 06, 2013.