M/S S.M. Cement Industries vs Assam Power Distribution Company Ltd. ...
2023 Latest Caselaw 4800 Gua

Gauhati High Court

M/S S.M. Cement Industries vs Assam Power Distribution Company Ltd. ... on 30 November, 2023

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                                 Page No.# 1/3

GAHC010010512023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : Review.Pet./15/2023

         M/S S.M. CEMENT INDUSTRIES
         A PARTNERSHIP FIRM DULY REGISTERED UNDER THE INDIAN
         PARTNERSHIP ACT, 1932 HAVING ITS PRINCIPAL PLACE OF BUSINESS
         AND CEMENT GRINDING PLANT AT 11TH MILE, P.O AND P.S- JORABAT,
         DIST- KAMRUP, ASSAM, DULY REP. BY ONE OF ITS PARTNERS NAMELY
         BINOD KUMAR KEYAL, S/O- LATE SHREE LAL KEYAL, R/O- SONI RAM
         BORAH ROAD, ULUBARI, GUWAHATI- 7, ASSAM.



         VERSUS

         ASSAM POWER DISTRIBUTION COMPANY LTD. AND 4 ORS.
         A GOVT. OF ASSAM UNDERTAKING DULY INCORPORATED UNDER THE
         COMPANIES ACT, 1956 HAVING ITS OFFICE AT BIJULEE BHAWAN, PALTAN
         BAZAR, GUWAHATI DULY REP. BY ITS CHAIRMAN CUM MANAGING
         DIRECTOR.

         2:THE APPELLATE AUTHORITY
         APDCL
          BIJULEE BHAWAN
          PALTAN BAZAR
          GUWAHATI- 781001
         ASSAM.

         3:THE ASSAM ELECTRICITY REGULATORY COMMISSION
          HAVING ITS OFFICE AT ASEB CAMPUS
          DWARANDHAR
          G S ROAD
          SIX MILE
          GUWAHATI- 781022 DULY REP. BY ITS CHAIRMAN.

         4:THE AREA MANAGER/ ASSESSING OFFICER
          IRCA-I
                                                                           Page No.# 2/3

             APDCL
             PALTAN BAZAR
             GUWAHATI- 1.

            5:THE ASSISTANT GENERAL MANAGER
            T AND C DIVISION
             ULUBARI
             GUWAHATI- 781007

Advocate for the Petitioner     : MR. S K KEJRIWAL

Advocate for the Respondent : SC, APDCL




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                           ORDER

30.11.2023

Heard Dr. Ashok Saraf, learned senior counsel assisted by Mr. S Kejriwal, learned counsel for the petitioner. Also heard Mr. KP Pathak, learned counsel for the authorities under the APDCL.

2. This review petition has been instituted against the judgment and order dated 01.11.2022 passed in WP(C)No.5892/2017 on the limited issue that the recalculation of the dues claimed against the review petitioner be done by following the procedure under Clause 5.A.4.4 of the Supply Code instead of Clause 4.2.2.4 of the Supply Code. It is also stated that Clause 5.A.4.4 would be a more relevant clause for the purpose.

3. Accordingly, the judgment and order dated 01.11.2022 in Page No.# 3/3

WP(C)No.5892/2017 stands modified to the extent that the requirement of doing the recalculations be done by following the procedure under Clause

5.A.4.4 of the Supply Code as amended. All other provisions of the judgment and order dated 01.11.2022 passed in WP(C)No.5892/2017 shall remain as provided other than the modifications indicated above and as amended by the communication dated 16.06.2012 of the General Manager (COM:REV)/APDCL.

4. Any consequential order that may have been passed by the APDCL pursuant to the earlier order with reference to Clause 4.2.2.4 of the Supply Code may be recalled and a more effective order as indicated above may be passed.

5. Review petition stands disposed of in the above terms.

JUDGE

Comparing Assistant