MEGHALAYA POWER DISTRIBUTION CORPORATION LIMITED Vs. JUD CEMENTS LIMITED

JUDGEMENT

(1.) This is an application for modification/recall of the order dtd. 24/6/2022, passed in WP(C) No. 129 of 2022. Modification is specifically sought of Para – 3 and a portion of Para – 6, of the order dtd. 24/6/2022. In Para – 3, of the order, it has been recorded as follows:

(2.) It has been submitted by Mr. S. Sahay, learned counsel for the applicant that, the above submission has been inadvertently included in the order dtd. 24/6/2022, inasmuch as, no consent has been given by the respondent Corporation, and in fact, it had been clearly indicated to the petitioner that the proposal for payment in installments would be accepted, only if the same were done in 4 tranches, and only if they were paid monthly. It has also been submitted that the post-dated cheques in question, had already been returned back to the petitioner, vide letter dtd. 26/4/2022, and as such, on the date the order was passed, the postdated cheques were no longer in the possession of the respondent Corporation.

(3.) Mr. K. Paul, learned Senior counsel assisted by Mr. S. Chanda, learned counsel for the Opposite Party/Writ Petitioner submits that the cheques have not been received by his party. It is also submitted that; the instant application is not maintainable as it has been filed in a matter that has since been disposed of finally by this Court. However, notwithstanding these technicalities, the learned Senior counsel submits that, on instructions, the writ petitioner is willing to clear off the outstanding dues in 3 installments, which will be directly transferred by the writ petitioner to the respondent Corporation by way of bank transfer, in the following schedule: