- (1.) This writ application is filed by the petitioner challenging the orders dated January 22, 2002 passed by the respondent no.7 and April 3, 2002 passed by the respondent no.5 with regard to the non-admissibility of rebate @ 25% on energy charges in respect of the factory of the petitioner no.1.
(2.) The petitioner no.1 was a registered private limited company under the Companies Act, 1956. Its cast iron foundry was lying and situated at Jagannathpur, Delhi Road, P.O. Bamunari P.O. Dankuni (hereinafter referred to as the said factory). The respondent no.1 installed 47.5 H.P LT supply line at the said factory premises with effect from July 17, 1984. The petitioner company submitted an application dated August 31, 1998 to the respondent no.7 for providing high tension electricity supply line at the said factory for installation of 500 Kgs. capacity induction furnace (300 KVA). After complying with all formalities by the petitioner company as also after holding joint inspection, an estimate dated October 10, 1998 was sent to the petitioner company by the respondent no.7 on October 9, 1998. In terms of the Clause 4(iii) of the above estimate the petitioner was eligible for the concession as follows:- "iii) You will be eligible for a concession of 25% on total energy charges (excluding demand charge & fuel surcharge) for 3 (three) years from the date of permanent connection provided you do not avail of subsidy on purchase and installation of captive power generation sets as per W.S. incentive scheme, 1993. However, concession in the energy charge will be withdrawn without notice if you default in payment or delay payment beyond due date of your dues to the Board for a period of 3(three) months in succession or intermittently during the period of 3(three) years during which the concession is available."
(3.) Thereafter, the respondent authority entered into an agreement dated January 18, 1999 with the petitioner company for installation high tension electricity line at the said premises. Clauses 15(2) and 28 of the above agreement are quoted below: "15 (2) If the Board by a notification makes any alteration in the aforesaid rates, tariff and its associated stipulations, such altered rates, tariff and its associated stipulations shall be treated as if the same were part of this Agreement in suppression of the charges set forth in the in the Schedule-II hereto with effect from the date fixed in the notification. 28. The Agreement shall be read and construed as subject, in all respects to the provisions of the Indian Electricity Act, 1910 and the Electricity Supply Act, 1948 and of the Rules for the time being in force thereunder so far as the same as respectively may be applicable.";