Tarini Minerals (P) Ltd. , Through Its Authorized Representative, Mr. Anupam Banerjee, Senior Associate v. Rajasthan Electricity Regulatory Commission through Its Chairman, Sahakar Marg, Jaipur
2018-02-05
ALOK SHARMA
body2018
DigiLaw.ai
ORDER : 1. Heard Mr. Ravi Chirania, counsel for the petitioner and Mr. Virendra Lodha, Senior Counsel with Mr. Jai Lodha counsel for the respondent. 2. As required by this court, the Managing Director of the Rajasthan Urja Vikas Nigam Limited (RUVNL), Mr. R.K. Srivastava present in court. On his instructions, Mr.Virendra Lodha counsel for the respondent-RUVNL submitted at the outset that 50% of the LPS due to the petitioner will be paid within a period of one month from today and the remainder 50% appropriately computed with will be paid within a period of one year thereafter. It has been submitted that the delay in the payment of due LPS has been for the reason of financial constraints being faced by the respondent-RUVNL. 3. Mr.Ravi Chirania, counsel for the petitioner submitted that the petitioners are satisfied with payment of 50% LPS within one month as stated. He however submitted that one year further period for payment of remainder LPS due will cause great financial hardship to the petitioners as which the respondents they are small entities with limited access to working capital while the respondent-RUVNL as a government company can easily obtain funds. Heard. Considered. 4. It is universal knowledge that the Government companies are engaged in the transmission and distribution of the electricity are faced with huge liabilities and are suffering enormous losses attributable both to the low tariff being charged to the public in public interest as also their own inefficiencies. Be as it may, this court cannot overlook the financial difficulties of the respondent-RUVNL as the said companies without doubt are engaged in public service. More so what is being sought by the respondent-RUVNL is merely 1 year time to pay 50% of the due LPS to the petitioner-companies while the other 50% is being paid within a period of one month from today. The one year delay in payment of 50% LPS will no doubt carry the further burden of interest. 5. Resultantly, these petitions are disposed of directing the respondent-RUVNL to pay 50% of the LPS due to the petitioner-companies within one month from today and the remainder 50% LPS duly computed in accordance with law within a period of 12 months thereafter. A copy of this order be placed in each connected petition.