JHARKHAND URJA VIKAS NIGAM LTD. Vs. M/S LORD BALAJEE MANUFACTURING STEEL PVT. LTD.
LAWS(JHAR)-2016-5-119
HIGH COURT OF JHARKHAND
Decided on May 05,2016

Jharkhand Urja Vikas Nigam Ltd. Appellant
VERSUS
M/S Lord Balajee Manufacturing Steel Pvt. Ltd. Respondents

JUDGEMENT

VIRENDER SINGH,C.J. - (1.) Admit.
(2.) With the consent of the counsel for the parties, the Letters Patent Appeals are taken up for final consideration.
(3.) The learned counsel for the parties submit that the present Letters Patent Appeals involve identical question of law which can be decided without elaborately referring to the facts in each case. For better appreciation of the issue involved in the Letters Patent Appeals, the brief facts in LPA No. 333 of 2015 are noticed hereunder : M/s Lord Balajee Manufacturing Steel Pvt. Ltd is a HTSS consumer with Contract Demand of 1200 KVA. Aggrieved of the energy bills raised by the Electricity Board, the consumer approached VUSNF in Case No. 28/2007 for revising the energy bills from January,2004 on the basis of actual recorded KVA and not on the basis of 100 per cent Contract Demand. Vide order dated 06.12.2007, the VUSNF ordered monthly energy bills on the basis of actual KVA recorded in the meter as maximum demand in each month and the Electricity Board was directed to adjust the excess amount realised from the consumer in the subsequent energy bills with interest, in terms of Supply Code Regulations. The order passed by the VUSNF was affirmed by the Electricity Ombudsman vide order dated 9.5.2008 in Case No. EOJ /04/2008 and the writ petition filed by the Electricity Board vide W.P.(C) No. 3304/2008 challenging order dated 09.05.2008 was dismissed by the Writ Court on 19.02.2015.;


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