01 February 2008
Supreme Court
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TWENTY FIRST CENTURY WIRE RODS LTD.&ANR. Vs ADMINISTRATOR,D.& N.HAVELI SILVASSA &ORS

Case number: C.A. No.-000893-000893 / 2008
Diary number: 28172 / 2005
Advocates: PAREKH & CO. Vs


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CASE NO.: Appeal (civil)  893 of 2008

PETITIONER: TWENTY FIRST CENTURY WIRE RODS LTD.& ANR

RESPONDENT: ADMINISTRATOR,D.& N.HAVELI SILVASSA &ORS

DATE OF JUDGMENT: 01/02/2008

BENCH: ALTAMAS KABIR & J.M. PANCHAL

JUDGMENT: JUDGMENT                                         O R D E R                                 CIVIL APPEAL NO.  893  OF 2008                          [Arising out of SLP(C)No.26252 of 2005]

       Leave granted.         By a demand notice dated 22nd September, 2003 the Administration of  Dadra and Nagar   Haveli, in its Electricity Department demanded a sum of Rs.1,70,58,412.00 from the  appellants on account of un-metered electricity said to have been consumed by the  appellants.  Pursuant to the said notice, various sums were deposited by the appellants till  6th  December, 2004 when by a fresh notice of even date, the appellants were directed to pay the  balance sum of Rs.70,42,887 within 10 days from the date of the issue of the letter, failing   which the power supply to their establishment would stand disconnected without further  notice.

                                               -2-         Challenging the said notice, the appellants moved the High Court, which ultimately  dismissed their writ petition but granted six weeks time to move this Court.  The appellants ,  accordingly, moved this Court by way of special leave petition No.26252 of 2005 and on 5th  January, 2006 this Court directed notice to issue only on the limited question regarding  payment of the balance amount of Rs.74 lakhs within further time than had been granted by  the High Court.  In the said order, the appellants were also directed to continue to deposit  a  sum of Rs.15 lakhs per month till  full payment was made.         It has now been submitted  by an affidavit filed by the appellants that the entire a mount has  been paid.  Nothing, accordingly, survives in the appeal.  However, as pointed out by learne d  counsel appearing for the respondents, the question of payment of interest still remains to  be  decided.                                 We, accordingly, dispose of this appeal by recording the fact that the balance amoun t has  been paid and  the power supply to the appellants establishment should not, therefore, be  disconnected on this  count.   However,  the  respondents  will  be  at liberty to  

                                               -3- compute the interest, if any, payable and to raise a fresh demand in respect thereof.         There will be no orders as to costs.