- (1.) The subject matter of challenge in this appeal is an order dated March 16, 2016 vacating an interim order granted by a learned single Judge of this court on December 23, 2015 in a writ petition under Article 226 of the Constitution of India WP No.416(W) of 2016 (AST No.300 of 2015).
(2.) The order granting the interim order passed on December 23, 2015 in AST No.300 of 2015 reads as follows: "This writ petition is admitted. After hearing Mr. Kishore Datta, learned senior Advocate for the petitioner and Mr. Amitesh Roy for Damodar Valley Corporation, it appears that the outstanding of the petitioner to the Corporation in or about October, 2015 was about Rs.40 lakhs which according to his client is about Rs.80 lakhs as of now. This application will be considered in detail after the Christmas Vacation. List this application as 'Motion' on 11th January, 2016. If the petitioner pays a sum of Rs.20,000,00/- to the respondent/Corporation by 31st December, 2015 and a further sum of Rs.20,000,00/- by 31st January, 2016, they will not disconnect the petitioner's electricity supply. I direct unconditional stay of the disconnection of the petitioner's supply till 31st December, 2015 which will continue upon payment of the first installment. In default of payment of one of the installments the Damadar Valley Corporation will be free to take whatever steps that are available to them in law." West Bengal Electricity Regulatory Commission, the fourth respondent herein, determined the tariff for the period 2014-15 and 2015-16 by its order dated May 25, 2015. Similarly, the tariff for the period between 2009-10 and 2013-14 was fixed by an order dated August 24, 2015. Both the orders dated May 25, 2015 and August 24, 2015 provided for payment of the arrears in instalments.
(3.) The provision for instalments being part of the order dated May 25, 2015 reads as follows: "6.3.13 All the rates and conditions of tariff are effective for the period from 01.04.2014 to 31.03.2015. Adjustments, if any, for over recovery/under recovery for the period 01.04.2014 to 31.03.2015 from the energy recipient shall be made in 10 (ten) equal monthly instalments through energy bills for July, 2015 onwards." Similarly, the provision for instalments to be found in the order dated August 24, 2015 reads as follows: "6.3.13 All the rates and conditions of tariff are effective for the year 2013-2014. Adjustments, if any, for over recovery/under recovery for the period 01.04.2013 to 31.03.2014 from the energy recipient shall be made in 10 (ten) equal monthly instalments through energy bills for October, 2015 onwards.";