SHREE SAI PRAKASH ALLOYS PVT. LTD. Vs. MEGHALAYA POWER DISTRIBUTION COMPANY LTD.

JUDGEMENT

(1.) The writ petitioner is before this Court with the prayer to not give effect to the impugned letter dtd. 28/3/2022 issued by the respondent Corporation, whereby disconnection of power to the factory of the petitioner is to be given effect to within 15 days due to the non-payment of the outstanding dues amounting to Rs.51, 86,17,743.00. This amount it may be added is the undisputed liabilities of the petitioner company.

(2.) Mr. K. Paul, learned Senior counsel assisted by Mr. S. Chanda, for the petitioner submits that the petitioner is compelled to approach this Court at the eleventh hour, due to the fact that the respondent Corporation is not considering the last representation dtd. 8/4/2022, for which they have put up a proposal for payment in instalments. As such, the limited interference is prayed from this Court at this stage to safeguard the commercial interest of the petitioner and that their representation be considered.

(3.) Mr. S. Sahay, learned counsel for the respondents Corporation has vehemently opposed the prayer made by the learned Senior counsel for the petitioner and submits that this is a repeated occurrence, whereby the petitioner and other similarly situated companies have sought invocation jurisdiction under Article 226 of the Constitution of India without any basis. He submits that the transaction is between the Corporation and the Company and the liabilities of the Company is purely a commercial matter, and that this Court should not be used as a negotiating table to settle the said dispute. He further submits that the prayer as made out in the writ petition is not supported in any manner by any law, and the same deserves no consideration.