- 1 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 112428 OF 2019 (GM-CPC) BETWEEN: M/S. INDIA SUGARS AND REFINERIES LTD., CHITTAWADIGI, HOSPET, REPRESENTED BY ITS MANAGER (PR&D), SRI. S. SHIVA KUMAR S/O S. VEERANNA, AGED ABOUT: 60 YEARS, R/O: CHITTAWADIGI, HOSPET. …PETITIONER (BY SRI. ARAVIND D KULKARNI, ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER (ELECTRICAL) URBAN O & M DIVISION, GESCOM, HOSPET-583201, DIST: BALLARI. 2. THE CHIEF ENGINEER (ELECTRICAL) CORPORATE PLANNING, GESCOM, KALABURGI-585102. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE C/R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITTUTION OF INDIA PRAYING TO; ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 04.07.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE BY FILING MISCELLANEOUS APPEAL NO.6/2019 MARKED AT ANNEXURE-J. CONSEQUENTIALLY DIRECT THE RESPONDENTS HEREIN TO RESTORE THE ELECTRICITY SUPPLY TO R.R.NO.HR-1 PERTAINING TO PETITIONER BY ACCEPTING THE AMOUNT OF RS.25,39,136/- WHICH IS BEING PAID IN COMPLIANCE WITH ORDER DATED 12.03.2019 OF TRAIL COURT. THIS PETITION, COMING ON FOR PRL. HEARING ‘B’ GROUP, THIS DAY, THIS COURT MADE THE FOLLOWING: Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This writ petition is filed challenging the order dated 04.07.2019 passed by the learned Principal Senior Civil Judge and JMFC, Hosapete in Misc.Appeal No.6/2019 vide Annexure-J and praying to restore the electricity supply to R.R.No.HT-1 pertaining to the petitioner-company by accepting the amount of Rs.25,39,136/-. 2. Brief facts leading rise to the filing of this writ petition are as under: Petitioner filed the suit in O.S.No.150/2017 for the relief of permanent injunction restraining the respondents from disconnecting the power supply provided to the petitioner-company and permit the petitioner-company to pay the arrears of electricity consumption charges, if any, in instalments, as per the notification of the Government. In the said suit, the petitioner filed an application in I.A.No.3 seeking an order of temporary injunction - 3 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 restraining the respondents from disconnecting the power supply provided to the petitioner-company. The trial court vide order dated 24.06.2017, directed the respondents to restore the electricity connection bearing R.R.No.HT-1, till further orders. Later, the respondents filed an application in I.A.Nos.8, 9 and 11 for vacating the order of temporary injunction granted, vide order dated 24.06.2017. The trial court, vide order dated 12.03.2019, allowed I.A.No.8 filed by the respondents in part and further ordered that temporary injunction granted vide order dated 24.06.2017 is varied. The petitioner-company was directed to pay the monthly electricity consumption charges regularly to the respondents within 15th of next month starting from April, 2019, till disposal of the suit. It is also ordered that, the petitioner-company shall pay the arrears of electricity consumption charges from the date of the suit till this day, within three months and subject to the above condition, the injunction order passed on I.A.No.3 was extended till disposal of the suit. The petitioner-company, aggrieved by the order passed on I.A.Nos.8, 9 and 11, preferred the - 4 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 miscellaneous appeal in M.A.No.6/2019 on the file of the Principal Senior Civil Judge and JMFC, Hosapete. The appellate court dismissed the appeal with costs vide order dated 04.07.2019. The petitioner-company, aggrieved by the order passed on I.A.Nos.8, 9 and 11 and the order passed in miscellaneous appeal, in M.A.No.6/2019, filed this writ petition. 3. Heard the learned counsel for the parties. 4. Learned counsel for the petitioner-company submits that, this court vide order dated 06.08.2019 has granted interim order. 5. Learned counsel for the respondents submits that, pursuant to the interim order dated 06.08.2019 passed by this court, the petitioner-company has deposited 75% of the arrears of electricity consumption charges. He submits that the order dated 06.08.2019 to be continued, till disposal of the suit. - 5 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. The petitioner-company has taken electricity connection in R.R.No.HT-1 and the petitioner-company did not pay the electricity consumption charges. The respondents demanded for the payment of electricity consumption charges. The petitioner-company filed a suit in O.S.No.150/2017 and also filed an application in I.A.No.3 seeking an order of temporary injunction restraining the defendants from disconnecting the power supply. The trial court granted an interim order vide order dated 24.06.2017. Subsequently, it was modified, vide order dated 12.03.2019. Respondents filed the applications in I.A.Nos.8, 9 and 11 for vacating the order of temporary injunction. The trial court, vide order dated 12.03.2019, allowed I.A.No.8 in part and injunction order dated 24.06.2017 passed on I.A.No.3 was modified. The petitioner-company aggrieved by the common order passed on I.A.No.8, 9 and 11, filed the miscellaneous - 6 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 appeal in M.A.No.6/2019. The appellate court dismissed the appeal vide order dated 04.07.2019. This court vide order dated 06.08.2019 passed following order: “The petitioner has challenged the order dated 04.07.2019 passed in MA No.6/2019. Petitioner contends that the admitted arrears is Rs.25,39,136/-. Whereas the respondents contends that the arrears amounts to Rs.56,83,239/-. The counsel for the petitioner contends that the calculation of arrears is faulty and requires reconsideration. However, this is the matter which requires further consideration. The contention of the petitioner that fixed demand charges cannot be recovered from the company which is declared as a sick company by the BIFR. The main ground which has been urged requires consideration. Learned counsel for the respondent states that the present writ petition is not maintainable in view of the order passed on the application filed by the petitioner as per Annexure-'N'. Matter requires consideration and cannot be taken up at present due to paucity of time. As an interim arrangement, the order of the M.A.No.6/2019 dated 04.07.2019 only insofar as the stipulation of payment of arrears would be stayed subject to the following:- a) Petitioner to pay 75% of the arrears as calculated by the respondents i.e. 75% of Rs.56,83,239. Counsel for the petitioner hands over to the counsel for the respondents Cheque bearing No.653101 dated 20.07.19 for Rs.20,39,136/- and Cheque bearing No.000622 dated 08.07.19 for Rs.5,00,000/-- The remaining amount of Rs.17,23,293/- is to be paid to the respondent within a period of four weeks from today. b) It is made it clear that the consumption charges would be paid without fail as and when the same becomes due within the prescribed period as ordered by the order dated 12.03.2019 on IA No. VIII. c) It is also made it clear that the interim order is passed is subject to the fulfillment of the above - 7 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 conditions and stay stands vacated without reference to Court if not complied within the time prescribed. In light of the above, respondent company restore the power supply to the petitioner. Memo filed enclosing zerox copy of the cheques.” 8. From the perusal of the order dated 06.08.2019, the petitioner-company was directed to deposit 75% of arrears as calculated by the respondents, i.e., Rs.56,83,239/-. Learned counsel for the petitioner- company submits that, the petitioner-company has paid portion of arrears of electricity consumption charges as calculated by the respondents. Learned counsel for the respondents submits that, pursuant to the interim order granted by this court, the petitioner-company has deposited 75% of the arrears of the electricity consumption charges. He also submits that, the petitioner- company is paying monthly electricity consumption charges regularly. Thus, in view of the interim order granted by this court, petitioner-company has deposited the arrears of electricity consumption charges as calculated by the respondents and also paying the monthly - 8 - NC: 2025:KHC-D:414 WP No. 112428 of 2019 electricity consumption charges regularly. The interim order granted by this court vide order dated 06.08.2019, to continue till disposal of the suit in O.S.No.150/2017. 9. In view of the above, this court proceed to pass the following: ORDER i) The writ petition is disposed off. ii) The trial court is directed to dispose of the suit without being influenced by any of the observations made in this order. iii) All contentions of the parties are kept open. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 9