IN
THE HIGH COURT OF SINDH AT KARACHI.
Date Order with signature of Judge
Mr. Salahuddin Ahmed for the petitioners.
Mr. M. Ashraf Mughal, DAG for respondent No.1.
Mr. Abdul Sattar Pirzada for respondent No.2.
Mr. Arshad Tayebally a/w Mr. Aimal Kansi for respondent No.3.
Mr. Omer Soomroo for respondents No.4, 5 and 6
Mr. Taha Ali Zai for respondent No.10.
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1) By consent of Mr. Salahuddin Ahmed, learned counsel for the petitioners, and Mr. Arshad Tayebally, learned counsel for respondent No.3, the present application is disposed of in the following terms:-
i) That the respondent No.3 (KESC) may enter into agreement/s with any third party(ies) [hereinafter referred to as ‘the service providers’] to assist the respondent No.3 (KESC) in carrying out the following functions:-
a) Delivery and collection of consumer bills
b) Taking steps to reduce/stop electricity theft and to implement all such measures in this respect as instructed by KESC from time to time so as to reduce AT&C losses.
c) Attending and addressing the consumer’s complaints as per KESC instructions.
d) Maintenance of the low tension network and other equipment of KESC in the relevant areas.
e) Meter reading, sharing meter reading data with KESC, inspection of meters and ensuring that the meters are working satisfactorily.
ii) The agreement/s contemplated above shall be in the nature of contracts for provision of services by the service providers to KESC and shall not amount to a whole or partial transfer, assignment or surrender of KESC’s distribution responsibilities within Karachi.
iii) That in relation to the proposed arrangement with these third party service providers, the respondent No.3 (KESC) shall not, in whole or part, transfer its assets or equipment or its interest in the infrastructure and/or distribution facilities, networks and systems and the ownership of the same shall remain with KESC, except any sales/transfer of assets in the ordinary course of business.
iv) The proposed arrangement/agreement shall not in any way affect the responsibilities and obligations of KESC as envisaged in the privatization agreements and the Implementation Agreement (S.A) and as imposed through Electricity and NEPRA Acts or all other relevant laws in respect of all concerned, more particularly in respect of consumers and the regulatory authority.
v) That the respondent No.3 (KESC) shall not, in whole or part, transfer its assets or equipment or its interest in the infrastructure and/or distribution facilities, networks and systems and the ownership of the same shall remain with KESC, except any sales/transfer of assets in the ordinary course of business, all substantial and long term investments in the entire infrastructure/net-work of KESC, if any, shall be made by KESC exclusively, and not by the service providers.
vi) The KESC shall endeavor, as much as possible, to improve, augment and rectify the electricity supply and allied services to all areas equally.
vii) That the agreement/s contemplated above shall not, in any way, shape or form, be deemed to have conferred any rights or interest upon the service providers insofar as the instant petition and its subject matter are concerned.
viii) That the above arrangement is without prejudice to the rights and contentions of the parties and is applicable only till the pendency of this petition.
2to4) Adjourned.
Judge