TATA YODOGAWA LIMITED Vs. JHARKHAND STATE ELECTRICITY BOARD AND ORS.
LAWS(JHAR)-2015-3-53
HIGH COURT OF JHARKHAND
Decided on March 26,2015

TATA YODOGAWA LIMITED Appellant
VERSUS
Jharkhand State Electricity Board and Ors. Respondents

JUDGEMENT

Rongon Mukhopadhyay, J. - (1.) HEARD Mr. M.L. Verma, learned senior counsel for the petitioner and Mr. Ajit Kumar, learned counsel for Respondent Nos. 1 to 4 on I.A. No. 651 of 2015 and I.A. No. 1353 of 2015, which are being disposed of by separate orders. I.A. No. 650 of 2015
(2.) IN this interlocutory application, the petitioner has prayed for amendment in para 1B of the main writ application and consequently to add paras 30a, 30b and 30c after paragraph 30. Para B as made in the main writ application is quoted hereunder: - "For issuance of an appropriate writ(s), order(s) or Direction(s) or writ for a declaration that 1999 Induction Furnace Tariff is applicable from 06.04.2000 from the date on which it was published in the Gazette and continued till 31st March, 2002 in as much as in terms of letter dated 07.05.2001, the validity of said tariff was only up till 31.03.2002 and consequently from 01.04.2002 up till 31.12.2003, the erstwhile 1999 Tariff of the Bihar State Electricity Board would be applicable".
(3.) IT has been submitted by the learned senior counsel for the petitioner that Para B, as sought to be deleted and replaced by paragraph 1B, reads as follows: - "For issuance of an appropriate writ (s), order(s) or Direction (s) or writ for a declaration that 1999 Induction Furnace Tariff is applicable from 06.04.2000 from the date on which it was published in the Gazette and continued till 6th May 2001 in as much as in terms of letter dated 07.05.2001, the said tariff was extended by the Bihar State Electricity Board only to areas falling with the territorial jurisdiction of the State of Bihar and not the areas falling within the State of Jharkhand since the said extension of the tariff was never adopted by the Jharkhand State Electricity Board nor it was published in the official gazette of the State of Jharkhand and consequently from 07.05.2001 up till 31.12.2003 the erstwhile 1999 Tariff of the Bihar State Electricity Board would be applicable.;


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