IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NO.884 OF 2018 AND WRIT APPEAL NO.2334 OF 2018 (GM-KEB) BETWEEN:
1. N.T. SAGAR SON OF N.T. SADANAND, AGED ABOUT 68 YEARS, RESIDING AT NO.73, 3RD CROSS, NANDIDURGA ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046.
2. SMT. USHA SAGAR WIFE OF N.T. SAGAR, AGED ABOUT 59 YEARS, RESIDING AT NO.73, 3RD CROSS, NANDIDURGA ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046.
... APPELLANTS (BY SRI M. SUBRAMANYA BHAT, ADVOCATE) AND:
1. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, K.R. CIRCLE, BENGALURU-560 001.
2. THE ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL), BESCOM LIMITED, 8TH NORTH SUB-DIVISION, PAPAREDDY PALYA, BENGALURU-560 072.
... RESPONDENTS (BY SRI G.C. SHANMUKHA, ADVOCATE FOR R-1 AND R-2) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 29.01.2018 IN THE WRIT PETITION NOS.11250 OF 2014 AND 12382 OF 2014 (GM-KEB) AND ALLOW THE WRIT APPEAL.
***** THESE WRIT APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge, dated 29.01.2018, in Writ Petition Nos.11250 of 2014 and Writ Petition No.12382 of 2014, wherein the writ petitions were dismissed with costs, the writ petitioners have filed the instant appeals.
2. The petitioners filed the instant petitions, being aggrieved by the endorsements vide Annexure-L, dated 17.01.2014, directing petitioner no.1 to pay the outstanding arrears of Rs.12,03,917/-, since the year 1998. On considering the plea, the learned Single Judge dismissed the petition on merits, taking note of the fact that the arrears were pending for the past 12-13 years in the earlier round of litigation. In case restoration of electricity was to be granted, the petitioners were directed to pay a sum of Rs.4,00,000/-. The said amount is not paid till date.
3. On hearing learned counsels, we are of the view that the petitioners have not approached this Court with clean hands. That there is no explanation for non- payment of arrears. Even otherwise, the learned Single Judge took note of the fact that the payment of arrears was reduced from Rs.17 lakhs to Rs.12.03 lakhs, probably on account of waiver of interest or for some other reasons.
4. Under these circumstances, we find no reason to interfere with the order of the learned Single Judge. The aforesaid arrears are pending since the year 1998 onwards. The same has not been paid till date. The contention of the appellant that Rs.4 lakh is a contingent to be paid on restoration of the electricity also cannot be accepted. Under these circumstances, we do not find any ground to interfere with the well-considered order of the learned Single Judge. Hence, the appeals are dismissed.
Sd/- Sd/-
JUDGE JUDGE JJ/-