GOKUL STEELS PRIVATE LIMITED Vs. SOUTH BIHAR POWER DISTRIBUTION COMPANY LIMITED
LAWS(PAT)-2021-1-18
HIGH COURT OF PATNA
Decided on January 13,2021

Gokul Steels Private Limited Appellant
VERSUS
South Bihar Power Distribution Company Limited Respondents

JUDGEMENT

AHSANUDDIN AMANULLAH,J. - (1.) Heard Mr. Suraj Samdarshi, learned counsel for the petitioner and Mr. Umesh Prasad Singh, learned senior counsel along with Prakash Kumar, learned counsel for the respondents.
(2.) The petitioner has moved the Court for the following reliefs: "(i) For quashing of the letter no. 3109 dated 02.12.2020 issued by the respondent no.2, whereby and whereunder a supplementary demand to the extent of Rs.5,67,41,905/- for the period August, 2015 to October, 2020 has been raised on the ground that the earlier bills were raised erroneously. (ii) For quashing of the bill dated 02.12.2020 issued in pursuance of the letter no. 3109 dated 2.12.2020 for Rs.5,67,41,905/- (iii) For a direction to the respondent authorities not to insist upon the demand till the veracity/correctness of the meter is tested by a check meter in accordance with the provisions as contained in the Bihar Electricity Supply Code, 2007. (iv) For a direction to the respondent authorities not to incorporate the supplementary demand, in regular future energy bills, as current consumption charges is distinct from any supplementary bill issued in terms of Section 56 of the Electricity Act, 2003. (v) For a direction to the respondent authorities not to disconnect the electric supply of the petitioner for non-payment of the revised supplementary bill amount as raised vide letter no. 3109 dated 2.12.2020, due date whereof has been fixed as 17.12.2020. (vi) For a declaration that in view of the specific provision under Section 56(2) of the Electricity Act, 2003, regarding limitation for raising any demand and consequential disconnection, the respondent authorities cannot disconnect the electric supply till adjudication of the dispute; and for any other relief or reliefs to which the petitioner is found entitled in the facts and circumstances of the case."
(3.) Essentially, the grievance of the petitioner is against the supplementary demand raised by the respondents by and under Letter No. 3109 dated 01.12.2020 for the period from August, 2015 to October, 2020.;


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