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Universal Air Products Private Limited, Represented by its Managing Director v/s Bangalore Electricity Supply Company Limited, Represented by its Managing Director & Another


Company & Directors' Information:- AIR INDIA LIMITED [Active] CIN = U62200DL2007GOI161431

Company & Directors' Information:- BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED [Active] CIN = U04010KA2002SGC030438

Company & Directors' Information:- AIR INDIA LIMITED [Amalgamated] CIN = U62100DL1992GOI048581

Company & Directors' Information:- UNIVERSAL AIR PRODUCTS PRIVATE LIMITED [Active] CIN = U24111KA2004PTC034437

Company & Directors' Information:- UNIVERSAL CORPORATION LIMITED [Active] CIN = U74899DL2000PLC103817

Company & Directors' Information:- P P PRODUCTS PVT LTD [Active] CIN = U32305WB1991PTC051091

Company & Directors' Information:- K K PRODUCTS LIMITED [Active] CIN = U31300DL1991PLC045521

Company & Directors' Information:- K B PRODUCTS PRIVATE LIMITED [Active] CIN = U51909MH2007PTC169627

Company & Directors' Information:- M. K. UNIVERSAL PRIVATE LIMITED [Active] CIN = U70109DL2006PTC154153

Company & Directors' Information:- U B AIR PRIVATE LIMITED [Active] CIN = U28920MH1969PTC014216

Company & Directors' Information:- K G PRODUCTS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031201

Company & Directors' Information:- UNIVERSAL PRODUCTS PVT LTD [Active] CIN = U74899DL1982PTC013060

Company & Directors' Information:- S S P PRODUCTS PRIVATE LIMITED [Active] CIN = U22110WB1974PTC210201

Company & Directors' Information:- M L B PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040990

Company & Directors' Information:- UNIVERSAL INDIA LTD [Amalgamated] CIN = U17222WB1990PLC048613

Company & Directors' Information:- M M PRODUCTS LIMITED [Strike Off] CIN = U28994DL1992PLC050955

Company & Directors' Information:- M P K PRODUCTS PVT LTD [Active] CIN = U26919AS1994PTC004183

Company & Directors' Information:- G K PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043260

Company & Directors' Information:- N R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51109AS1998PTC005561

Company & Directors' Information:- C L PRODUCTS INDIA LIMITED [Active] CIN = U51909DL2002PLC116975

Company & Directors' Information:- K. S. A. PRODUCTS PRIVATE LIMITED [Active] CIN = U51220PB2014PTC039023

Company & Directors' Information:- D. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U52320DL2011PTC213508

Company & Directors' Information:- R S PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036603

Company & Directors' Information:- R R PRODUCTS PRIVATE LIMITED [Active] CIN = U24249HR1999PTC034291

Company & Directors' Information:- I G PRODUCTS PRIVATE LIMITED [Active] CIN = U74999WB2012PTC183503

Company & Directors' Information:- UNIVERSAL E P PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013400

Company & Directors' Information:- A G UNIVERSAL PRIVATE LIMITED [Active] CIN = U25200DL2008PTC178400

Company & Directors' Information:- J S R PRODUCTS PRIVATE LIMITED [Active] CIN = U31908DL2007PTC170841

Company & Directors' Information:- C F C PRODUCTS PRIVATE LIMITED [Active] CIN = U28129DL1998PTC095531

Company & Directors' Information:- M S PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055125

Company & Directors' Information:- B R PRODUCTS PRIVATE LIMITED [Active] CIN = U31909DL1999PTC100727

Company & Directors' Information:- R R UNIVERSAL PRIVATE LIMITED [Active] CIN = U52100MH2013PTC243592

Company & Directors' Information:- S P B PRODUCTS LIMITED [Active] CIN = U51909DL1996PLC082631

Company & Directors' Information:- G K D PRODUCTS PRIVATE LIMITED [Active] CIN = U15431WB1998PTC086840

Company & Directors' Information:- M B R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17111WB1993PTC060806

Company & Directors' Information:- P D PRODUCTS PRIVATE LIMITED [Active] CIN = U23201DL2000PTC108462

Company & Directors' Information:- S K M PRODUCTS PRIVATE LIMITED [Active] CIN = U18101DL1998PTC093415

Company & Directors' Information:- H R PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1978PTC009183

Company & Directors' Information:- BANGALORE AIR PRODUCTS PRIVATE LIMITED. [Active] CIN = U24121KA2000PTC026937

Company & Directors' Information:- V S PRODUCTS PRIVATE LIMITED [Active] CIN = U36900DL2008PTC185445

Company & Directors' Information:- H K PRODUCTS LIMITED [Active] CIN = U51900GJ2015PLC085457

Company & Directors' Information:- S R K PRODUCTS PRIVATE LIMITED [Active] CIN = U51221KA1989PTC010032

Company & Directors' Information:- G M PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC044687

Company & Directors' Information:- V T N PRODUCTS PVT LTD [Active] CIN = U51109WB1996PTC080094

Company & Directors' Information:- W S T Q PRODUCTS PRIVATE LIMITED [Active] CIN = U31300DL1999PTC102655

Company & Directors' Information:- G S T PRODUCTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U31909TN2006PTC059575

Company & Directors' Information:- S M P PRODUCTS PRIVATE LIMITED [Active] CIN = U25200DL2009PTC190965

Company & Directors' Information:- S N S PRODUCTS PRIVATE LIMITED [Active] CIN = U15490DL2005PTC142749

Company & Directors' Information:- U B PRODUCTS PRIVATE LIMITED [Active] CIN = U51224DL2002PTC116457

Company & Directors' Information:- A AND A PRODUCTS PRIVATE LIMITED [Active] CIN = U21098MP2004PTC017128

Company & Directors' Information:- V J PRODUCTS PRIVATE LIMITED [Active] CIN = U36900GJ2011PTC065252

Company & Directors' Information:- S AND A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51311DL1991PTC042938

Company & Directors' Information:- S AND G PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014843

Company & Directors' Information:- B P PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24241WB1999PTC089499

Company & Directors' Information:- AIR PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U74210DL1998PTC097058

Company & Directors' Information:- D AND P PRODUCTS LIMITED [Amalgamated] CIN = U99999MH1951PTC008422

Company & Directors' Information:- S D H PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U55204KA2006PTC040734

Company & Directors' Information:- V M PRODUCTS PRIVATE LIMITED [Active] CIN = U24100DL2014PTC266679

Company & Directors' Information:- E C A PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U27209TN1987PTC014022

Company & Directors' Information:- G S PRODUCTS LIMITED [Strike Off] CIN = U25191UP1989PLC010483

Company & Directors' Information:- M AND M AIR PRIVATE LIMITED [Strike Off] CIN = U74900KA1998PTC024520

Company & Directors' Information:- UNIVERSAL PRIVATE LIMITED [Active] CIN = U45202PB1984PTC001388

Company & Directors' Information:- A R K PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U24231UP1978PTC004606

Company & Directors' Information:- S. M. PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U17299DL1966PTC004634

Company & Directors' Information:- R. M. R. PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH2017PTC298120

Company & Directors' Information:- F & G SUPPLY PRIVATE LIMITED [Active] CIN = U51900DL2012PTC239188

Company & Directors' Information:- P & Q PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2014PTC269162

Company & Directors' Information:- K R UNIVERSAL PRIVATE LIMITED [Active] CIN = U74999HR2014PTC052725

Company & Directors' Information:- H T PRODUCTS PVT LTD [Strike Off] CIN = U29266WB1981PTC033424

Company & Directors' Information:- UNIVERSAL PVT LTD [Not available for efiling] CIN = U51909PB1948PTC001338

Company & Directors' Information:- PRODUCTS (INDIA) LTD [Strike Off] CIN = U31901WB1961PLC024991

Company & Directors' Information:- M PRODUCTS & CO PVT LTD [Strike Off] CIN = U51909WB1956PTC023215

Company & Directors' Information:- UNIVERSAL SUPPLY COMPANY LIMITED [Dissolved] CIN = U99999MH1946PTC005172

Company & Directors' Information:- UNIVERSAL CORPORATION LIMITED [Strike Off] CIN = U99999MH9999PLC007536

    Writ Appeal No. 6342 of 2017 (GM-KEB)

    Decided On, 14 February 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE RAVI MALIMATH & THE HONOURABLE MR. JUSTICE R. DEVDAS

    For the Appellant: Shridhar Prabhu, Advocate. For the Respondents: Prashanth Murthy, S. Sriranga, Advocates.



Judgment Text

(Prayer: This Writ appeal filed Under Section 4 of the Karnataka High Court Act praying to set aside the order dated 10/10/2017 passed in the writ petition 30906/2014.)R. Devdas, J.1. This writ appeal is directed against the order dated 10.10.2017 in W.P.No.30906/2014.2. The grievance of the petitioner-Company in the writ petition was that Bangalore Electricity Supply Company Limited (hereinafter referred to as ‘BESCOM’ for the sake of brevity) could not have demanded Additional Security Deposit of Rs.99,96,000/- as per their communication dated 05.04.2014 on the basis of previous average consumption for two months (2 MMD) and against the already existing security deposit of Rs.31,00,000/-. The learned Single Judge, taking note of the submissions of BESCOM that Prepayment meters were not available, dismissed the writ petition while granting liberty to the petitioner-Company to purchase such Prepayment Meter of standard quality from the open market and the petitioner was free to approach the respondent-BESCOM with such Prepayment Meter and file a representation and it was for the authorities to consider the said request of the petitioner fairly and objectively.3. Learned Counsel for the appellant draws the attention of this Court to a judgment dated 24.07.2018 in W.A.Nos.6090-91/2017 in the case of Bangalore Electricity Supply Company Limited and Another Vs. M/s.Vijaya Steels and Others, where a co-ordinate Bench of this Court upheld the decision of the learned Single Judge in W.P.No.13836/2015 noticing that in view of Sub-section (5) of Section 47 of the Electricity Act, 2003, if the person requiring the supply is prepared to take the supply through a pre-paid meter, he shall not be liable to furnish security as contemplated under Clause (a) of Sub-section (1) of Section 47. It was noticed that if the consumer is prepared to take the supply through a pre-paid meter, and as Prepayment meter was presently not available, it was held that respondent-BESCOM should supply electricity to the consumer by collecting approximate monthly energy charges in advance without insisting for any security as contemplated under Clause (a) of sub-section (1) of Section 47 of Electricity Act, 2003. It was also directed by the learned Single Judge that the amount of the petitioner lying in deposit with the respondent-BESCOM shall be adjusted towards energy charges. When the respondent-BESCOM took up the matter in appeal, the co-ordinate Bench in W.A.Nos.6090-91/2017 noticed that the submissions of the respondent-BESCOM that no prepayment meters for High Tension Consumers (HT–IIA) was available and proceeded to uphold the decision of the learned Single Judge in W.P.No.13836/2015. Further by order dated 16.12.2019 in Review Petition No.53/2019 in the case of M/s.Bangalore Electricity Supply Company Limited and Another Vs. M/s.Vijayaa Steels and Others, this Court dismissed the review petition preferred by the respondent-BESCOM.4. In that view of the matter, this issue stands covered by a decision of the co-ordinate Bench in W.A.Nos.6090-91/2017 dated 24.07.2018. Therefore, this appeal is allowed. The impugned order dated 10.10.2017 passed by the learned Single Judge in W.P.No.30906/2014 is set aside.5. Consequently, the prayer in the writ petition is partly allowed in the following terms:i) Since the petitioner/appellant is prepared to take the supply through a Prepayment meter, and since it is stated by the respondent-BESCOM that prepayment meter is presently not available, it is appropriate that the respondent-BESCOM shall supply electricity to the petitioner by collecting appropriate monthly energy charges in advance without insisting upon any security as contemplated under Clause (a) of sub-section (1) of Section 47 of the Electri

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city Act, 2003.(ii) The amount of the petitioner/appellant, if any, lying in deposit with the respondent-BESCOM shall be adjusted towards energy charges.(iii) This order shall cease to be in force once the respondent-BESCOM provides a Prepayment meter to the petitioner/appellant.The writ appeal is disposed off in the above terms.I.A.No.1/2018 and memos do not survive for consideration and the same stands disposed of.
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