R. Subhash Reddy JUDGMENT
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is filed against the final judgment and order dated 05.09.2018 passed by the High Court of Delhi at New Delhi in Crl. M.C. No. 4476 of 2018 whereby the High Court dismissed the petition filed by the Appellant herein.
3. The appeal involves a short point as would be clear from the facts mentioned hereinbelow.
4. The Appellant is the owner of the house bearing No. F-11/75 (SF), Khasra No. 2271/4, Malviya Nagar, Khirkee Extn., New Delhi. The Appellant let out this house to Respondent No. 3 (the name of Respondent No. 3 was deleted from the array of the parties by this Court order dated 25.04.2019) on monthly rent.
5. On 15.12.2014, the officials of the Enforcement Department of BSES Rajdhani Power Ltd.-Respondent No. 2 herein inspected the electricity meter installed in the aforesaid house and found that the meter was not recording correct reading.
6. On verification, the BSES made assessment in relation to the consumption of the electricity and accordingly sent a bill for theft for Rs. 97,786/- to the Appellant and Respondent No. 3 because he being in occupation of the house was found consuming the electricity supplied by the BSES. The case was accordingly registered against the Appellant and Respondent No. 3 being case No. ID-RJ 151214 SC 102 (CRN No. 25201 72444/SAKET)-PLA No. 1/37/2015.
7. On 27.02.2015, the BSES organized one Permanent Lok Adalat-I in Lower Courts at Delhi under the provisions of Legal Services Authorities Act, 1987 to settle their several recovery cases. The Appellant's case was also fixed for settlement.
8. By order dated 27.02.2015 (Annexure P-2), the case was settled at Rs. 83,120/- against full and final payment of the aforesaid bill of Rs. 97,786/-. The Appellant accordingly paid Rs. 83,120/- to the BSES in terms of the order dated 27.02.2015 in three equal installments. The order reads as under:
In this case, the Petitioner had approached this Court for settlement with regard to DT bill amounting to Rs. 97,786/- based on inspection dated 15.12.2004. A proposal for settlement was given on behalf of the Petitioner, which was duly recorded in the Order dated 13.02.2015.
Sh. Rajesh Arora submits that after examining this proposal, the competent authority has agreed to settle this bill for a sum of Rs. 83,120/-. This offer has now been accepted by the Learned Counsel for the Petitioner. Accordingly, it is now agreed between the parties that the Petitioner shall deposit a sum of Rs. 83,120/- in full and final settlement against the impugned bill of Rs. 97,786/-. It is further agreed between the parties that the Petitioner shall deposit the said amount of Rs. 83,120/- in three equal installments. The amount of the first installment shall be deposited by the Petitioner on or before 09.03.2015, the amount of second installment on or before 30.03.2015 and the amount of third installment, on or before 30.04.2015. The said amount will be deposited at Andrews Ganj office. It is further agr........