Calcutta High Court (Appellete Side)
M/S. Sonic Thermal Private ... vs Damodar Valley Corporation And ... on 17 May, 2023
17.05.2023
Item No.35
gd/ssd
MAT/763/2023
IA NO: CAN/1/2023, CAN/2/2023
M/S. SONIC THERMAL PRIVATE LIMITED AND ANR.
VS
DAMODAR VALLEY CORPORATION AND ORS.
Mr. Sagar Bandyopadhyay,
Mr. Koushik Chatterjee
..for the Appellants.
Mr. Prasun Mukherjee,
Mr. Deepak Agarwal
..for DVC.
Re: CAN 1 of 2023
1. CAN 1 of 2023 has been filed by the
appellants seeking condonation of delay of 45 days in
filing this appeal.
2. Learned counsel for the appellants has
referred to the explanation which has been furnished in
the application and also has made submission in
respect of the explanation for the delay.
3. We find that the delay in filing this appeal has
been sufficiently explained and the appellants were
prevented from filing the appeal within time on account
of bona fide reason.
4. Hence, CAN 1 of 2023 is, accordingly, allowed.
The delay in filing the appeal is condoned.
2
Re: MAT 763 of 2023
5. This appeal has been filed by the
appellants/consumers challenging the common
judgment and order passed in a batch of cases dated
17th February, 2023. The correctness of the common
order has been challenged in a batch of appeals
before this Court on 19th April, 2023. The said order
reads as follows:
"1. We have elaborately heard the learned
counsel for the parties as well as the learned
Advocate General appearing for the Damodar
Valley Corporation.
2. The appeals are classified into two
sets. The first set of appeals (MAT 395 of
2023, MAT 436 of 2023, MAT 438 of 2023,
MAT 439 of 2023, MAT 440 of 2023, MAT
442 of 2023, MAT 454 of 2023 and MAT 485
of 2023) are by the consumers and the
second set of appeals (MAT 508 of 2023,
MAT 509 of 2023, MAT 511 of 2023, MAT
512 of 2023, MAT 514 of 2023, MAT 515 of
2023, MAT 518 of 2023, MAT 519 of 2023,
MAT 520 of 2023, MAT 522 of 2023, MAT
523 of 2023, MAT 525 of 2023, MAT 526 of
2023, MAT 527 of 2023, MAT 528 of 2023,
MAT 529 of 2023, MAT 530 of 2023 and
MAT 531 of 2023) have been filed by the
Damodar Valley Corporation. In so far as
the first set of appeals filed by the
consumers, it is seen that during the
pendency of the writ petitions, the
appellants had the benefit of an interim
order. The second set of appeals filed by
Damodar Valley Corporation is against a
common order passed by the learned Single
Bench allowing the writ petitions filed by the
consumers challenging the orders of
disconnection and consequential recovery.
3. The writ petitions were heard elaborately
and a lengthy judgment has been passed by
the learned Single Bench. Therefore, we are
3
of the view that the appeals should be heard.
Therefore, both set of appeals are admitted.
4. So far as the first set of appeals filed
by the consumers are concerned, since the
consumers had the benefit of an interim
protection during the pendency of the writ
petitions, we direct the respondents not to
initiate any coercive action against the
consumers for recovery of the arrears alone.
5. Since, the Damodar Valley
Corporation has also filed the appeals
challenging the order passed in the second set
of writ petitions filed by the consumers, in
order to ensure that the rights of Damodar
Valley Corporation are not in any manner
impinged, we direct all the consumers to file a
letter of undertaking before Damodar Valley
Corporation that in the event they are
unsuccessful in the present appeals, they will
be liable to pay the demand made by the
Damodar Valley Corporation on account of
arrears.
6. With the above observations and
directions, all the interim applications stand
disposed of.
7. The said appeals be set down for
issuing directions for fixing a date for hearing
on 7th June, 2023.
8. We make it clear that in so far as the
cases where the consumers have paid, which
according to the writ petitioners was on
account of pressure exerted on them, be that
as it may, those payments shall be retained
by Damodar Valley Corporation and the
consumers cannot seek for any refund of
those payments pending disposal of these
appeals and shall abide by the ultimate result
of these appeals.
9. So far as the second set of appeals,
as suggested by the learned Advocate
General, MAT 508 of 2023 shall be taken as
the lead case and whatever papers, which
have already been annexed to the stay
application shall be taken as the relevant
papers and the filing of the informal paper
book is dispensed with.
10. In so far as the other set of appeals
are concerned, MAT 442 of 2023 and MAT
454 of 2023 are taken as the lead cases and
the learned advocate for the appellants in
those appeals shall ensure that copies are
served on all the learned advocates for the
parties appearing in this batch of appeals.
11. It is submitted by Mr. Tanoy
Chakraborty, learned advocate appearing for
the consumers/appellants in MAT 438 of
2023, MAT 439 of 2023 and MAT 440 of
2023 that the service connection of his clients
has been disconnected for non-payment of
arrears.
12. In the light of the interim order
passed above, Damodar Valley Corporation is
directed to restore the service connection,
subject to payment of usual charges."
6. The present appeal is covered in the first set of
appeals for which interim protection was granted in
terms of paragraph 4 of the said order.
7. In the light of the above, we direct the
respondents not to initiate any coercive action
against the appellants/consumers for recovery of
arrears alone.
8. Let this appeal be tagged with MAT 395 of 2023.
(T. S. SIVAGNANAM)
CHIEF JUSTICE
(HIRANMAY BHATTACHARYYA, J.)
