Maa Tara Ispat Industries Pvt. Ltd. v. Jharkhand Urja Vikas Nigam Limited
2015-06-17
SHREE CHANDRASHEKHAR
body2015
DigiLaw.ai
ORDER : Aggrieved by disconnection on 24.05.2015, the petitioner has approached this Court challenging the Inspection Report, dated 23/24.05.2015 terming the same as concocted one. A declaration that entire action of the respondents including disconnection on the ground of allegation of electricity theft is bad, illegal, arbitrary and against their on records, has also been sought by the petitioner. 2. The learned counsel for the petitioner submits that in view of specific provision under Clause 15.8 (vii) & (x) of the Electricity Supply Code Amendment Regulation, 2010 breakage of seal/ tampering of seal would not amount to theft of electricity and thus, it is apparent that the First Information Report being Dhalbhumgarh P.S. Case No. 24 of 2015 dated 24.05.2015 is without any basis. It is further submitted that the petitioner is running an industry which has employed more than 300 persons and therefore, abrupt and illegal disconnection of electricity at the premises of the petitioner would cause serious hardship to the petitioner. The petitioner has been paying more than Rs. 50 lacs as fixed charges and monthly electricity consumption bill raised by the respondent-Jharkhand Bijli Vitran Nigam Limited is more than Rs. 1.80 crores. On these grounds the learned counsel for the petitioner submits that during the pendency of the writ petition the respondent-Jharkhand Bijli Vitran Nigam Limited may be directed to restore the electric connection at the premises of the petitioner and the petitioner may be put to conditions for restoration of electricity at its premises. 3. Mr. Ajit Kumar, the learned Senior counsel appearing for the respondent-Jharkhand Bijli Vitran Nigam Limited submits that earlier the petitioner defaulted in making payment of an amount of Rs. 10,67,43,640/for which Jharkhand Bijli Vitran Nigam granted adequate indulgence and permitted the petitioner to pay the same amount in 20 installments. The petitioner though paid initial 3 installments, it has defaulted in making payment of installments since February, 2015. It is further submitted that the petitioner has also defaulted in making payment for the current electricity charges since February, 2015. 4. The matter was heard at length before the recess and at the request of the learned counsel appearing for the petitioner for seeking instruction for making payment of the outstanding dues, the matter was adjourned and it has been heard after recess. 5.
4. The matter was heard at length before the recess and at the request of the learned counsel appearing for the petitioner for seeking instruction for making payment of the outstanding dues, the matter was adjourned and it has been heard after recess. 5. The learned counsel for the petitioner, on instruction, submits that the petitioner may be permitted to make payment of the defaulted amount since February, 2015 for which the petitioner was permitted to make payment in 20 installments. Responding to the same, the learned Senior counsel for the Nigam submits that even agreement dated 14.11.2014 has been cancelled and the petitioner is liable to make payment of total outstanding balance amount of Rs. 10,67,43,640/. 6. As noticed above, the petitioner has defaulted in making payment of monthly electricity charges since February, 2015. The chart of the electricity bills which have not been paid for the month of February, March and April, 2015, would disclose an outstanding amount of Rs. 5,48,01,409.00/. It appears that till May, 2015, the petitioner is liable to make payment of more than 14 crores. Considering the aforesaid, I am not inclined to grant interim order directing restoration of electric connection at the petitioner's premises until the entire outstanding defaulted amount is paid. The learned counsels for the parties have stated that pleadings are complete in the matter and the matter may be finally disposed of. 7. Post the matter on 09.07.2015.
[ 2015 DIGILAW 695 (JHR) · digilaw.ai ]
Maa Tara Ispat Industries Pvt. Ltd. v. Jharkhand Urja Vikas Nigam Limited — 2015 DIGILAW 695 (JHR) | DigiLaw