Auto Profiles (P) Ltd. v. Jharkhand Bijli Vitran Nigam Limited
2021-09-21
RAJESH SHANKAR
body2021
DigiLaw.ai
ORDER : 1. This case is taken up through video conferencing. 2. At the request of learned counsel for the petitioner, the defects, as pointed out by the office, is ignored for the present. 3. The present writ petition has been filed for quashing letter no. 846 ESE, Jamshedpur dated 23rd March, 2021 along with calculation sheet issued under the signature of the respondent no. 3, whereby the petitioner has been directed to pay the revised arrear amount of Rs. 2,86,66,158/- within a period of twenty one days. Further prayer has been made for quashing letter no. 1119 ESE, Jamshedpur dated 5th May, 2021 issued under the signature of the respondent no. 3, whereby the petitioner has been directed to pay Rs. 2,23,39,506/- being the principal amount otherwise legal action will be taken against it as per the norms. The petitioner has also prayed for quashing letter no. 1175/ESC, Jamshedpur dated 17th May, 2021 issued under the signature of the respondent no. 4, whereby it has been directed to pay Rs. 2,93,92,643/- excluding Rs. 1,08,222/- within a period of 15 days failing which its service line will be disconnected. The petitioner has further prayed for quashing letter no. 1376/ESC, Jamshedpur dated 16th June, 2021 issued under the signature of the respondent no. 4, whereby it has been directed to pay Rs. 2,93,96,001/- excluding Rs. 1,08,222/- within a period of 15 days failing which its service line will be disconnected. The petitioner has also prayed for restraining the respondents from taking any coercive step against it pursuant to letters dated 17th May, 2021 and 16th June, 2021. 4. Having heard learned counsel for the parties and keeping in view that the VIDYUT UPBHOKTA SHIKAYAT NIWARAN FORUM (in short ‘VUSNF’) of Jharkhand Bijli Vitran Nigam Limited constituted under Section 42(5) of the Electricity Act, 2003 is functional at Jamshedpur and the petitioner has the efficacious/alternative remedy of approaching the said Forum for redressal of its grievance, I am not inclined to entertain the present writ petition at this stage and the same is, accordingly, dismissed as not maintainable. 5. The petitioner is, however, at liberty to prefer a complaint before the VUSNF, Jamshedpur by 28th September, 2021 along with an application seeking interim relief. On filing of the same, the VUSNF, Jamshedpur shall consider the petitioner’s application seeking interim relief and pass an appropriate order within a period of one week thereafter.
5. The petitioner is, however, at liberty to prefer a complaint before the VUSNF, Jamshedpur by 28th September, 2021 along with an application seeking interim relief. On filing of the same, the VUSNF, Jamshedpur shall consider the petitioner’s application seeking interim relief and pass an appropriate order within a period of one week thereafter. The VUSNF, Jamshedpur thereafter shall entertain the main complaint filed by the petitioner on its own merit and shall dispose of the same in accordance with law within a period of three months from the date of filing of the same.