- (1.) The petitioner 'The Premier Ice Factory' is engaged in business of production of 'ice in block' at Kanpur. It is claimed that the aforesaid Ice Factory prior to 1-4-1986 was a partnership business of which Dr. Sudhir Kumar was one of the partners. It is further claimed that on account of difference between the partners the said partnership was dissolved on 1-4-1986. From the said date the business which was previously carried on by the erstwhile firm was taken over by Dr. Sudhir Kumar as a sole proprietor. For the purpose of running the aforesaid factory and production of ice the petitioner had obtained a connection for electric power supply being industrial and domestic connection No. 1610/1566 for 97, 68 HP from Kanpur Electricity Supply Administration, Kanpur (for short 'KESA') arrayed as respondent No. 1 in this petition. On account of non-payment of electric dues the factory fell into arrears to the tune of Rs. 1,90,006.85 P. up to 27-3-1987. The petitioner made a representation to the U.P. State Electricity Board, Lucknow, respondent No. 2 to permit the petitioner to make payment of the outstanding arrears in instalments and to restore the electric supply. This request of the petitioner was granted by respondent No. 2 vide its order dt. 29-4-1987 a copy of which has been filed as Annexure-I. By this order the petitioner was permitted to liquidate the arrears in ten equal monthly instalments. The facility to pay instalments was subject to number of conditions stated in the said order. Conditions Nos. iv and v are to the following effect : "iv. Re-connection shall be done after recovery of the first instalment together with reconnection and disconnection charges. The subsequent instalment shall be paid along with the monthly bills. v. If any of the subsequent instalment (s) is not paid in time then these orders for accepting payment in instalments, shall automatically be treated as cancelled and the installation of the consumer shall be disconnected without any further notice. In such case, the re-connection shall be made only after the consumer pays entire up-to-date dues along with late payment surcharge or forfeited rebate and reconnection and disconnection charges in one lumpsum."
(2.) During the course of hearing the learned counsel for the petitioner stated that in pursuance of the said order the petitioner paid one instalment. On the said payment being made the electric supply was restored. However, the petitioner did not pay any further instalments. Instead it sent a written objection addressed to the Commercial Manager, KESA, respondent No. 1 vide Annexure-III to the writ petition. By this objection the petitioner disputed its liability to pay the arrears on the ground that the amount demanded had been determined on a meter reading which was not functioning properly. The grievance in this writ petition is that without disposing of the petitioner's objections oral threats are being given by respondent No. 1 to disconnect the electric supply to the petitioner if the entire arrears are not paid immediately. 2A. The present writ petition has been filed seeking a mandamus from Court restraining respondent No. 1 from disconnecting the supply of electricity to the petitioner in pursuance of the oral threats held out by respondent No. 1.
(3.) I have heard the learned counsel for the petitioner at some length and do not feel inclined to interfere in the matter.;