East India Holdings Private ... vs Damodar Valley Corporation And ...
2022 Latest Caselaw 909 Cal

AD. 21.

February 28, 2022.

MNS.

(Through Video Conference)

WPA No. 4405 of 2021

East India Holdings Private Limited and another Vs.

Damodar Valley Corporation and others

Mr. Deepan Sarkar, Ms. Sanchari Chakraborty, Mr. Soumik Chakraborty, Mr. Ayan Sarkar

...for the petitioners.

Mr. Jaydip Kar, Mr. Prasun Mukherjee

...for the DVC.

Learned counsel for the petitioners contends

that in a bunch of writ petitions, including WPA 15428

of 2021, this Court had adjudicated on the moot

question involved in the present writ petition, as

regards whether the petitioners are liable to pay

Delayed Payment Surcharge to the

Distribution/Transmission Licensee.

A printout of the server copy of the judgment

dated January 24, 2022 is handed over to Court,

which is kept on record.

However, learned counsel for the petitioners

submits that there are certain distinctions, factually,

between the other matters and the present matter,

primarily on the score that there are no due arrears

on the part of the petitioners in the present case.

Learned senior Advocate appearing for the

Damodar Valley Corporation submits that an appeal,

preferred against the said judgment and order of this

Court dated January 24, 2022, is at present pending

and is due to appear in the list of the appropriate

Division Bench on March 2, 2022 and/or soon

thereafter.

In such view of the matter, the result of the

present writ petition has become dependent on the

outcome of the pending appeal.

As such, for the sake of propriety, the present

writ petition is adjourned till March 16, 2022.

(Sabyasachi Bhattacharyya, J.)