THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CONTEMPT CASE NO.1029 OF 2009 Dated 11th September, 2009 Between: M/s Cosy World Resorts Ltd …Petitioner And N.Hanumantha Rao and others …Respondents Counsel for the petitioner: Sri N.V.Anantha Krishna Counsel for the respondents: Sri O.Manohar Reddy The Court made the following O R D E R: This Contempt Case is filed alleging that the respondents have violated the interim order passed by this Court on 01.05.2009 in WPMP No.12631 of 2009 in W.P.No.9708 of 2009. The Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL) issued demand proceedings against the petitioner-resort for Rs.21,41,512/- towards the shortfall amount for the electricity consumed by it on the ground that there was a bona fide mistake by the APEPDCL in adopting wrong multiplication factor for arriving at the consumption of the electricity by the petitioner-resort. Out of the said amount, an amount of Rs.5,35,288/- was paid by the petitioner prior to the filing of the writ petition and when the balance amount of Rs.15,78,864/- was due, it approached this Court questioning the said order of demand by filing W.P.No.9708 of 2009. This Court, by an interim order dated 01.05.2009 passed in WPMP No.12631 of 2009, suspended the demand proceedings on the condition of the petitioner depositing Rs.10,05,000/- within a period of four weeks from the date of passing of that order. It is the case of the petitioner that though pursuant to the said order, it has deposited the amount on 23.05.2009, the respondents have visited the petitioner- resort on 07.06.2009 and threatened to disconnect the power supply unless the petitioner pays the balance amount. In view of the said threat, the petitioner was forced to pay the balance demand of Rs.5,73,864/- by way of a cheque. The case of the petitioner is that this action of the respondents, despite suspension of the demand proceedings by this Court, is contemptuous. Counter-affidavit is filed by the Superintending Engineer, Operation, APEPDCL, wherein while accepting the deposit of Rs.10,05,000/- made by the petitioner by way of demand drafts on 23.05.2009, it is stated that there was no coercion or threat from the respondents for disconnection of power supply as alleged on 07.06.2009 and it is stated that the petitioner voluntarily paid the balance amount. It is further stated that inasmuch as the petitioner has disputed the payment of the balance amount voluntarily, respondents have issued proceedings on 29.08.2009, adjusting an amount of Rs.4,01,418/-, out of Rs.5,73,864/- paid by the petitioner, towards the consumption charges in the bill for the month of July, 2009 and it is stated that the balance amount of Rs.1,72,446/- will be adjusted in the month of September, 2009 towards the consumption charges for the month of August, 2009. Though it is alleged by the petitioner that there was a threat of disconnection on 07.06.2009 unless it pays the balance amount, except the reference in the letter addressed by it to the Senior Accounts Officer, APEPDCL, Operation Circle, Rajahmundry, on 31.07.2009, there is no material to show that there was any such threat by the respondents. In any event, as it is stated in the counter-affidavit that there was no coercion from the respondents for deposit of the balance amount and they have issued proceedings dated 29.08.2009 adjusting Rs.4,01,419/- towards consumption charges for the month of July, 2009, out of Rs.5,73,864/- paid by the petitioner, and also further issued instructions for adjusting the balance of Rs.1,72,446/- towards the consumption charges for the month of August, 2009, this Court is of the view that it is not a fit case to interfere with under the Contempt of Courts Act. The Contempt Case is, therefore, closed. No order as to costs. ____________________ R.SUBHASH REDDY, J Dated 11th September, 2009 vrn