S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by petitioner M/s. M.K. Refractories for direction on respondents to grant it benefit of clause 9.6 of the Industrial Policy, 1995 which inter alia provides that the industries coming into production between 1.9.1995 and 31.8.2000 shall be entitled for exemption from payment of minimum guarantee charges, if the connected load is upto 500 KVA.
(2.) FURTHER prayer has been made to direct the respondents to refund the entire amount of minimum guarantee charges, earlier realised in terms of judgment of Supreme Court in the case of M/s. K.D. Industries v. Blhar State Electricity Board, reported in 2001 (1) JLJR 678 (SC): 2001 (2) JCR 318 (SC). The petitioner claims to be a L.T. consumer of respondents J.S.E.B. and has set up an industry In the State of Jharkhand for manufacturing of refractories products. It obtained electrical connection on a contract load of 50 H.P. and started production since 5.7.1997. A certificate In support of such claim has also been granted by General Manager. District Industries Centre, Dhan -bad but the Board having not allowed the benefit of exemption as per Industrial Policy, 1995. the petitioner moved before this Court in CWJC No. 1559/99 (R). M/s. M.K, Refractories v. B.S.E.B. and others, which was heard on merit and was dismissed by learned single Judge by judgment and order dated 6.8.99.
(3.) BEING aggrieved the petitioner preferred LBA No. 294 of 1999 (R). which was also dismissed on 21.2.2000 and the Division Bench held the benefit of exemption not applicable in the case of LTI (3) consumers.;