Shree Sai Prakash Alloys Pvt. Ltd. v. Meghalaya Power Distribution Corporation Ltd.
2022-06-10
H.S.THANGKHIEW
body2022
DigiLaw.ai
JUDGMENT 1. The writ petitioner company is before this Court assailing the disconnection of electricity supply to its plant on 21-04-2022. It is contended that the same has been done inspite of the petitioner having submitted a letter dated 21-04-2022, requesting the respondent corporation to allow 7(seven) days' time for placing a proposal for clearance of arrear dues of the petitioner company before the Board of Directors. 2. It is worthwhile to note that on the same issue, this is a second round of litigation as the petitioner company had approached this Court earlier by way of WP(C). No. 130 of 2022 against a notice of disconnection due to the non-payment of outstanding dues amounting to Rs. 51,86,17,743/- (Rupees Fifty-one crores, eighty-six lakhs, seventeen thousand, seven hundred and forty-three) only, which was the undisputed liabilities of the petitioner company. The said writ petition was disposed of by this Court vide order dated 12-04-2022, by directing the respondents that the proposal for payment of outstanding dues, as put up by the petitioner, be considered in the event a deposit of Rs. 1,00,00,000/- (Rupees One crore) only, was made within 24 hours against the unpaid bills. 3. It appears that thereafter the petitioner company had deposited the amount of Rs. 1 crore only, in compliance with the order dated 12-04-2022, but there was no resolution with regard to the proposal and counter proposal for settlement of the outstanding dues as the respondent corporation was only willing to allow the payment to be made in four equal instalments starting from 18-04-2022, which was not acceptable to the petitioner company. 4. With the matter situated thus, Mr. K.Paul, learned Senior counsel while moving the instant writ petition prayed that some consideration be given so that a viable amount and time frame be fixed to settle the outstanding dues, so as not to render the petitioner's company redundant. In consideration thereof, this Court directed the parties to attempt to work out a solution as to the amount of instalment and the time frame that would be acceptable to both parties. 5. By order dated 06-05-2022, this Court had noted at paras 3 and 4 as follows: '3. The respondent Corporation through the learned counsel has submitted that the Corporation maintains their stand, that the outstanding dues of Rs.51,86,17,734/- should be paid in four monthly instalments. Mr.
5. By order dated 06-05-2022, this Court had noted at paras 3 and 4 as follows: '3. The respondent Corporation through the learned counsel has submitted that the Corporation maintains their stand, that the outstanding dues of Rs.51,86,17,734/- should be paid in four monthly instalments. Mr. K.Paul, learned senior counsel for the petitioner submits that this proposition would be impossible for the petitioner Company to accede to immediately, especially considering the fact that the power has been disconnected and that the petitioner Company also as per an order dated 22.04.2022 of the Hon'ble Supreme Court has undertaken to deposit Rs. 5 crores within a period of 2(two) weeks from the date of the order, and the matter is due to come up again on 17.05.2022. He submits that as the matter needs further consideration by the petitioner Company, he prays that in the interim the petitioner may be permitted to deposit Rs. 1.5 crores within the next 10(ten) days which is in addition to Rs. 1. Crore that has already been deposited and yet to be adjusted against the outstanding dues, and on such deposit the respondent Corporation re-connect the electricity to enable the factory to function and generate income. It is further prayed that the matter be listed on 18.05.2022 for further consideration, and to allow the petitioner to positively come back with instructions, with regard to the settlement of the balance amount of the outstanding dues. 4. This Court on consideration of the prayer of the petitioner would like to remind the parties that this Court is not to be used as a negotiating table, but however, in view of the circumstances, wherein a settlement is being attempted to be arrived at, it is directed that in the interim until the next date, on the payment of Rs. 1.5 crores by the petitioner as undertaken today before this Court which shall be in addition to the Rs. 1 crore that has been deposited earlier, the respondent Corporation shall immediately restore the connection which will be subject to further orders of this Court.' 6. On the said amount of Rs. 1.5 crores being paid, the respondent corporation had then reconnected the electricity, but thereafter, there was no positive development in the matter concerning the settlement. 7.
1 crore that has been deposited earlier, the respondent Corporation shall immediately restore the connection which will be subject to further orders of this Court.' 6. On the said amount of Rs. 1.5 crores being paid, the respondent corporation had then reconnected the electricity, but thereafter, there was no positive development in the matter concerning the settlement. 7. On 08-06-2022, the learned Advocate General on behalf of the respondent corporation brought to the notice of this Court that the petitioner company was not even servicing the current bills and to this effect had produced a letter dated 06-06-2022 wherein it was mentioned that current bills amounting to Rs. 98,40,658,97/- (Rupees Ninety-eight lakhs, forty thousand, six hundred and fifty-eight and ninety-seven paise) only, which were due on 27-05-2022 had not been paid and the petitioner company had made a payment of only Rs. 50,00,000/- (Rupees Fifty lakhs) on 06-06-2022. 8. Today when the matter was taken up, Mr. K.Paul, learned Senior counsel does not dispute the fact that the current bills have not been serviced and submits that the payment of Rs. 50,00,000/- (Rupees Fifty lakhs) was against the outstanding dues only. He submits that as further payments would be made, some consideration may be allowed to the petitioner company and the electricity be not disconnected. 9. Having heard the parties and considered the matter in its totality, it is necessary to note herein that this writ petition was entertained by this Court only on the consideration that public revenue was involved though the matter was purely a commercial transaction between two parties. The proceedings that have since taken place in the course of two writ applications and the failure of the parties to arrive at any understanding, illustrate the fact that no further useful purpose will be achieved by keeping the matter pending before this Court. 10. Accordingly, the writ petition for the reasons aforementioned stands dismissed, and the respondent corporation are at liberty to take any further action in accordance with law for realisation of current and outstanding dues. 11. Parties to bear their own costs.