ROORKEE STEELS PRIVATE LTD Vs. UTTARAKHAND POWER CORPORATION LIMITED
LAWS(UTN)-2012-6-6
HIGH COURT OF UTTARAKHAND
Decided on June 20,2012

ROORKEE STEELS PRIVATE LTD. Appellant
VERSUS
UTTARAKHAND POWER CORPORATION LIMITED Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to accept the amount of Rs. 2,68,22,489/- (demanded vide recovery citation) in twelve equal instalments or in instalments as fixed by this Court after adjusting the amount of Rs. 59 Lakhs already paid. The petitioner has further sought direction to set aside the attachment of the petitioner's factory in pursuance to the recovery citation. Learned counsel for the respondents have fairly submitted that this writ petition may be disposed of finally as on today as the petitioner is ready to pay the entire outstanding amount under the recovery citation in instalments. Learned counsel for the petitioner has contended that the recovery citation issued by the respondent nos. 1 and 2 against the petitioner is the outcome of the outstanding bills of electricity charges. Learned counsel further contended that the petitioner is ready to deposit the entire outstanding amount in easy instalments and that since the electricity connection of the petitioner's factory has been disconnected, the petitioner factory has been put to a state of complete closure. In support of his contention, the learned counsel for the petitioner has placed reliance upon the judgment of the Apex Court in the case of Amar Amit Jalna Alloys (P) Ltd. Vs. Maharashtra State Electricity Board and others [(2005) 13 Supreme Court Cases, 126].
(3.) I have perused the case-law relied upon by the petitioner. In the case before the Apex Court, disconnection of supply by the State Electricity Board led the petitioner industry to closure. The petitioner industry had fallen in arrears of bills worth about Rs. 9 Crores. The Apex Court also found that there was likelihood of unemployment of about 100 workers. The Apex Court directed reconnection of supply on deposit of Rs. 75 Laks towards arrears and monthly instalments of Rs. 20 Lakhs towards arrears, in addition to payment of current electricity bills. Considering the ratio of the Apex Court judgment in the case of Amar Amit Jalna Alloys (supra), it would be in the fitness of things as well as in the interest of justice to direct the petitioner to pay 20% of the entire defaulted amount before the Recovery Officer within a period of eight weeks from today. Thereafter, the petitioner shall pay the remaining outstanding amount in five equal quarterly instalments along with recovery charges.;


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