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2022 DIGILAW 280 (MEG)

Meghalaya Power Distribution Corporation Limited v. Jud Cements Limited

2022-10-20

H.S.THANGKHIEW

body2022
JUDGMENT 1. This is an application for modification/recall of the order dated 24.06.2022, passed in WP(C) No. 129 of 2022. Modification is specifically sought of Para - 3 and a portion of Para - 6, of the order dated 24.06.2022. In Para - 3, of the order, it has been recorded as follows: '3. In view of the pointed submission of learned Sr. counsel for the petitioner, the learned counsel for the respondent corporation submits that the respondent corporation may be permitted to encash the three postdated cheques dated 22-08-2022, 21-12-2022 and 21-04-2023 on the date indicated therein for realization of the balance amount of the arrears.' 2. It has been submitted by Mr. S. Sahay, learned counsel for the applicant that, the above submission has been inadvertently included in the order dated 24.06.2022, inasmuch as, no consent has been given by the respondent Corporation, and in fact, it had been clearly indicated to the petitioner that the proposal for payment in installments would be accepted, only if the same were done in 4 tranches, and only if they were paid monthly. It has also been submitted that the post-dated cheques in question, had already been returned back to the petitioner, vide letter dated 26.04.2022, and as such, on the date the order was passed, the postdated cheques were no longer in the possession of the respondent Corporation. 3. Mr. K. Paul, learned Senior counsel assisted by Mr. S. Chanda, learned counsel for the Opposite Party/Writ Petitioner submits that the cheques have not been received by his party. It is also submitted that; the instant application is not maintainable as it has been filed in a matter that has since been disposed of finally by this Court. However, notwithstanding these technicalities, the learned Senior counsel submits that, on instructions, the writ petitioner is willing to clear off the outstanding dues in 3 installments, which will be directly transferred by the writ petitioner to the respondent Corporation by way of bank transfer, in the following schedule: i) 21.12.2022 - Rs. 5 crores ii) 21.04.2023 - Rs. 5 crores iii) 21.08.2023 - Rs. 5 crores. 4. I have considered the submissions of the learned counsels for the parties. 5 crores ii) 21.04.2023 - Rs. 5 crores iii) 21.08.2023 - Rs. 5 crores. 4. I have considered the submissions of the learned counsels for the parties. The only objection that the respondent Corporation has, is the recording by this Court in its order dated 24.06.2022, that it had consented to accept the 3 post-dated cheques given by the petitioner for fulfilment of the outstanding dues of the Corporation, which they have shown by materials that have been placed before this Court to be not so. This Court accepts the contentions of the respondent Corporation and the order dated 24.06.2022, stands modified to the extent that Para - 3, stands deleted; along with the following words/sentence of Para - 6, which reads as follows: 'considering the fact that post-dated cheques are in the possession of the respondent corporation for fulfilment of the outstanding dues.' 5. As the fate of the post-dated cheques which had been given by the writ petitioner is unknown, the same for all purposes, shall not arise for any further consideration and are to be not acted upon by the parties herein in any manner. 6. On the offer of the writ petitioner, through their counsel, Mr. K. Paul, Senior Advocate, Mr. S. Sahay, on behalf of the respondents has expressed the non-acceptance of the said proposal by the Corporation, and insists that the outstanding dues of around Rs. 15 Crores, be made within the timelines given by the Corporation, in its letters dated 14.04.2022, 19.04.2022 and 26.04.2022. On this aspect, though this Court, is not inclined to pass any orders, as the matter would be better served, if the parties mutually agree to the manner and method of settlement of the outstanding dues, however, in view of the protracted litigation that has been indulged in, for realization of these dues, this Court deems it fit to allow that the writ petitioner, clear the outstanding dues in 3 installments on the dates as proposed. Needless to add, failure to adhere to the said timelines, will invite necessary consequences in accordance with law. 7. With the above noted directions, the order dated 24.06.2022, stands modified and recalled, and the instant application is accordingly disposed of.