Page No. 1/2 vs Monmohinipur Tea Co. Limited
2021 Latest Caselaw 1891 Gua

                                                                               Page No. 1/2

GAHC010122272018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
                                   Case No. : RFA/63/2018

            ASSAM POWER DISTRIBUTION COMPANY LIMITED AND ANR
            (APDCL)REGD, OFFICE AT BIJULI BHAWAN ,PALTANBAZAR, GUWAHATI -1

            REPRESENTED BY THE ASSISTANT GENERAL MANAGER (LAW) ASSAM
            POWER DISTRIBUTION COMPANY LIMITED ,BIJULI BHAWAN,
            PALTANBANAR ,GUWAHATI

            2: THE GENERAL MANAGER (COM REV)
            ASSAM POWER DISTRIBUTION COMPANY LIMITED
            BIJULI BHAWAN
             PALTANBAZAR
            GUWAHAT

            VERSUS

            MONMOHINIPUR TEA CO. LIMITED
            A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES
            ACT, 1956, HAVING ITS REGISTERED OFFICE AT 17,R.N. MUKHERJEE
            ROAD,
            KISHORE BHAWAN ,KOLKATA -700001.

Advocate for the Petitioner   : MR B D DAS
Advocate for the Respondent : MR. P KHATANIAR

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 18-08-2021

The Court proceedings have been conducted through online court proceeding services. Heard Mr. B.D. Das, learned Senior Counsel assisted by Ms. R. Deka, learned counsel for the appellants and Ms. N. Rahman, learned counsel for the respondent.

Page No. 2/2

The respondent as plaintiff instituted the Title Suit no. 1/2019 seeking, inter alia, a declaration that the revised bill no. 42/412 dated 09.09.2008 raised for the period April, 2005 to July, 2008 amounting to Rs. 29,93,631/- by the Central Assam Electricity Distribution Company Limited against the respondent-plaintiff was not due and recoverable. The present second appeal has arisen out of the said title suit. The said suit was decreed in favour of the respondent-plaintiff on 23.08.2012. Against the said judgment dated 23.08.2021, the present appeal has arisen.

Mr. Das by placing a letter dated 13.08.2021 of the Assistant General Manager, IRCA, APDCL, Tezpur has submitted that the amount of Rs. 29,93,631/- raised against the respondent-plaintiff has been paid by the respondent-plaintiff on 02.12.2020 vide RTGS and the appellants have duly received the same.

Mr. Das has submitted that the issue of surcharge amount will be dealt as per procedure and the same is not the subject-matter of the suit.

Ms. Rahman has also endorsed the said submission.

Learned counsel for the parties have, in unison, submitted that there is nothing further to be adjudicated in the present first appeal and the same may be closed.

In view of the aforesaid submission of the learned counsel for the parties, this appeal stands closed.

LCR be sent back.

JUDGE

Comparing Assistant