SAMAPTI CHATTERJEE,J. - (1.) The petitioners have filed the present application being C.A.N. 3447 of 2018 thereby assailing the impugned disconnection order dated 1st June, 2018 issued by the Chief Engineer (Commercial), Damodar Valley Corporation directing the petitioners to pay a sum of Rs. 1,36,44,264/- in terms of the Tariff Order dated 3rd March, 2017 passed in WBERC within 15 days from the date of issuance of the notice failing which supply of power would be disconnected.
(2.) Mr. Mitra, learned Senior Advocate appearing for the petitioners, submits that challenging the vires of the Regulation 4.4 of the WBERC ( Terms and Conditions of Tariff ) Regulations, 2011, the petitioners already filed a writ petition being W.P. No. 25814(W) of 2015. The application being C.A.N. 3447 of 2018 is arising out of the said pending writ petition. Mr. Mitra further submits that when the writ petition was filed since the petitioners were not facing additional charges towards penalty, therefore, no interim order was passed in favour of the petitioners as also there was no threat of disconnection order from the Damodar Valley Corporation. The petitioners were subsequently served with a notice of disconnection unless the petitioners make payment of Rs. 58 lakh-towards additional charges. Assailing the impugned order, the petitioners moved the earlier application being C.A.N. 617 of 2016. In that application, this Court after refusing the interim order passed the following order : "After hearing the learned Advocates for the respective parties and after considering the respective cases I find no reason to pass any interim order at this stage. It may be mentioned that while the writ petition was admitted on November 26, 2015 a learned Single Judge had specifically observed that there was no scope for passing an interim order at that stage. The only change of circumstance as mentioned by Mr. Saha, the learned Senior Counsel for the petitioners is that because of the subsequent nonpayment by the petitioners of the energy bills raised by the D.V.C. the respondents have issued a notice of disconnection. That, however is no change of circumstance for which an interim order which was refused at the initial stage may be granted, particularly in view of the fact that the provisions of law under challenge have not yet been stuck down. However, Mr. Kar, the learned Senior Counsel for the Damodar Valley Corporation authorities has assured the Court that in case the writ petition succeeds they shall refund/adjust the entire sum with interest to the petitioners. In such view of it, the petitioners will be at liberty to make the payment subject to the final result of the writ petition. Let this matter appear for hearing in the Combined Monthly List of March, 2016."
(3.) Since the amount was meager of Rs. 58 lakh 75 thousand 5 hundred 11, therefore, petitioners paid Rs. 58 lakh 75 thousand 5 hundred 11. Accordingly, disconnection was taken place. Again assailing the order dated 31st January, 2018 issued by the Chief Engineer (Commercial), Damodar Valley Corporation directing the petitioners to pay Rs. 1.76 crore towards the additional charges, failing which the supply would be disconnected, petitioners filed a C.A.N. application. In that C.A.N. application (C.A.N. 1317 of 2018), the interim order was passed on 15th February, 2018 thereby directing the petitioners to pay Rs. 50,00,000/- in two instalments against the outstanding dues of Rs. 1,76,00,000/-. Accordingly, in two instalments the petitioners paid the said amount. All on a sudden by the impugned order, the petitioners have been asked to pay Rs. 1 crore 36 lakh 2 hundred 64 towards the outstanding dues failing which supply will be disconnected. Mr. Mitra further submits that additional charges towards penalty is the subject matter of the main writ petition. Mr. Mitra also submits, therefore, every month the petitioners are asked to pay the actual charges for consumption and also the additional charges towards penalty. Resultantly it is very much difficult to run the business. Mr. Mitra further submits that in this business more than 1,000 workers' livelihood and their families are involved. Mr. Mitra further contends that if the supply is disconnected, then the Company will face huge loss and functioning of the machineries will be highly affected. It is also submitted by Mr. Mitra that the Distribution Company on the one hand is raising additional charges and on the other, they are gaining a lot by exporting the energy. In conclusion, Mr. Mitra submits that Court should restrained the respondents to give effect to the order dated 1st June, 2018.;