SHC issues notice of KESC on KW&SB application

KARACHI: Sindh High Court (SHC) on Monday issued notice to Karachi Electric Supply Company (KESC), asking it to submit its reply on an application filed by Karachi Water and Sewerage Board (KW&SB) against disconnecting power supply to KW&SB’s pumping stations.

A division bench of SHC headed by Justice Faisal Arab heard an urgent application filed by KWSB and issued notice to KESC authorities.

Earlier, KESC had approached the SHC against KWSB and filed an appeal against SHC order that had restrained the power utility from disconnecting power supply to the KWSB’s pumping stations.

KESC’s counsel had submitted that KWSB had obtained an interim injunction against the KESC, restraining it from disconnection power supply to the water board’s installations on the basis of defaulting on payment.

He submitted that the high court’s single bench order was unlawful as the water board was no more protected as a strategic customer as it was a defaulter now. He said that the impugned order had failed to consider the financial consequences on the appellant due to the default on payment.

While hearing KESC’s appeal, the bench had directed KESC to disconnect the power supply to KWSB in case of even single default on payment of monthly bills.

Abrar Hussain Advocate, representing KWSB filed miscellaneous application in main case seeking modification of SHC order that allowed the KESC to disconnect power supply in case of default on payment.

He submitted that order was passed without consent of KWSB, besides order was against implementation agreement between the KESC and the federal government, which ensured that KESC was duty bound to supply power to KWSB.

He said that KWSB had paid a total of RS1,890,138,622 from April to Nov 2013. He argued that single bench had declared that KESC had to follow the agreement and could not disconnect power supply.

He said that load shedding being carried out by the KESC at the pumping stations had caused scarcity of water in the city besides it was violation of basic human rights.

Hence, he prayed to the court to modify its earlier order, directing KESC to disconnect the power supply to KWSB in case of even single default on payment of monthly bills and restrain it from disconnecting power supply to pumping stations.

Hearing of case was adjourned to November 26.

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