M/S MAITHAN CERAMICS LIMITED Vs. JHARKHAND URJA VIKAS NIGAM LTD.
LAWS(JHAR)-2016-7-12
HIGH COURT OF JHARKHAND
Decided on July 28,2016

M/S Maithan Ceramics Limited Appellant
VERSUS
Jharkhand Urja Vikas Nigam Ltd. Respondents

JUDGEMENT

SHREE CHANDRASHEKHAR,J. - (1.) The appellant -writ petitioner (hereinafter referred to as petitioner) is aggrieved of dismissal of the writ petition, in which the main challenge thrown by the petitioner was to order dated 02.03.2013 passed in Case No.04/2012 and the Electricity Bills dated 18.06.2005 and 01.04.2013.
(2.) The brief facts of the case are summarized hereunder: M/s Maithan Minerals Private Limited was granted electrical connection in the year, 1971. It is H.T. consumer. In the year 1988, on the request of the petitioner for reduction of contract load from 150 KVA to 115 KVA, an agreement was executed on 21.05.1988; the contract load was subsequently enhanced to 200 KVA. Again, the contract load was enhanced from 200 KVA to 360 KVA, for which an agreement was executed on 03.03.1997 and it was further enhanced to 460 KVA by executing agreement dated 08.07.1998. After the original company was amalgamated with M/s Maithan Ceramics Limited, a new agreement was executed on 30.01.2001 for contract load of 460 KVA. The petitioner -company made an application for enhancement of contract load to 550 KVA which was sanctioned vide letter dated 05.05.2004, and the petitioner executed agreement on 03.06.2004 for enhancement of contract load to 550 KVA. Dissatisfied with the irregular power supply, the petitioner gave a notice for determination of the agreement as per Clause 9(a) of the H.T. agreement, and the electrical supply was finally discontinued on 21.05.2005. However, the bill issued by the respondent -Board for the month of May, 2005 reflected levy of minimum monthly charges from June, 2005 to April, 2007 to the tune of Rs.31,62,500/ -, besides current monthly charges for May, 2005. The aforesaid bill was challenged by the petitioner in W.P.(C) No.3738/ 2005, which was disposed of on 14.02.2012 with liberty to the petitioner to approach Vidyut Upbhogta Shikayat Nivaran Forum for redressal of its grievances; pursuant thereto, the petitioner filed complaint before the Forum which was registered as Case No.04/2012. The Forum dismissed the complaint petition vide order dated 02.03.2013. Thereafter, the Board served Energy Bill dated 01.04.2013, in which the Board levied DPS for the period between 01.05.2008 to 28.02.2013 over the unpaid amount. The petitioner approached the Writ Court, challenging order dated 02.03.2013 passed by the Forum and the aforesaid bills.
(3.) Heard.;


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