ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.D- 2151 of 2015

DATE        ORDER WITH SIGNATURE OF JUDGE

1. For Katcha Peshi.

2. For hearing of MA 10324/15

3. For hearing of MA 9357/16

30.06.2016.

Petitioner is present with his Counsel Mr. Ishrat Ali Lohar.

Mr. Ghulam Qadir Khan SDO HESCO Hali Road  is present.

                                                -.-.-.

Mr. Muhammad Arshad S. Pathan, Advocate, has filed vakalatnama for respondents HESCO.

One contempt application is also pending as according to the petitioners’ counsel on 29.09.2015 directions were issued to the respondents that subject to payment of electricity dues on the basis of actual meter reading, the Respondents No.2 to 4 shall not disconnect the electricity connections of petitioners’ factory. Learned counsel submits that despite payment of all regular bills the electricity connection has been disconnected for which the alleged contemnors are liable to be tried. Mr. Muhammad Arshad S. Pathan submits that interim order was passed subject to payment of dues which includes the arrears, if any. He further argued that there was some dispute regarding sanction of load and since the load was enhanced therefore, the petitioner was called upon to pay the added amount. Though petitioner is paying the added amount on account of load consumed from 30.09.2015 but there are some arrears for previous 8 to 10 months which the petitioner has to pay. The proprietor of the petitioner’s firm Mr. Amanullah is present. He submits that time and again he approached to the HESCO department for issuing corrected bills but they avoided and still he is ready to pay previous added load arrears in accordance with the tariff provided some reasonable installments may be made for the payment of arrears, however, the current bills will be paid regularly. Mr. Ghulam Qadir Khan SDO HESCO Hali Road is present. Learned Counsel for HESCO submits that the proposal given by the proprietor of the petitioner is reasonable and he has suggested that the proprietor alongwith manager of the firm namely Rashid Mumtaz may approach to the SDO HESCO tomorrow where the process will be started for issuing the bills of previous arrears of added load. Since this exercise will take 2 or 3 days and Eid holidays are also approaching therefore, the petitioner submits that electricity may be restored as the entire labour is sitting idle. Mr. Muhammad Arshad S. Pathan submits that on this undertaking that the revised bill will be processed and issued for the arrears of previously added load with installments, the HESCO will restore the electricity of the petitioner’s factory today before   6 O’clock. Since learned counsels have mutually agreed upon the modalities reproduced above, therefore, this petition stands disposed of alongwith all pending applications in the above terms. Copy of this order may be transmitted immediately to the concerned officials of HESCO including                     Mr. Muhammad Arshad S. Pathan, Advocate, for compliance.   

                                                                                                JUDGE

JUDGE

Ali Haider