Jharkhand High Court
Jharkhand State Electricity ... vs M/S Arihant Ingots Pvt. Ltd on 28 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W. P. (C) No. 4797 of 2011
Jharkhand State Electricity Board .... .. ... Petitioner(s)
Versus
M/s Arihant Ingots Pvt. Ltd. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Petitioner(s) : Mr. Mukesh Kumar Sinha, Advocate.
For the Respondent(s) :
..........
10 / 28.10.2021. Heard, Mr. Mukesh Kumar Sinha, learned counsel for the petitioner-
Jharkhand State Electricity Board ( now JUVNL).
Mr. Mukesh Kumar Sinha, learned counsel for the petitioner has submitted
that petitioner, Jharkhand State Electricity Board (now JUVNL) has preferred the
instant Writ Petition against the order/judgment dated 09.02.2011 passed by the
Electricity Ombudsman, Jharkhand in Case No.EOJ/07/2010 whereby the order/
judgment dated 19.08.2010 passed by the Vidyut Upbhokta Shikayat Niwaran
Forum, JSEB, Ranchi has been affirmed by wrongly interpreting Section 56 of the
Electricity Act.
Mr. Mukesh Kumar Sinha, learned counsel for the petitioner has further
submitted that the first disconnection notice to the respondent-Company i.e. M/s
Arihant Ingots Pvt. Ltd. was issued on 18.11.2005 for outstanding dues of
Rs.39,66,833/- towards the Bill of September, 2005 and the electricity connection of
consumer/ respondent was disconnected on 08.12.2005 which is much after a period
of 15 days.
Mr. Mukesh Kumar Sinha, learned counsel for the petitioner has further
submitted that second disconnection notice with regard to outstanding dues of
Rs.1,17,86,148/- to the respondent/consumer was issued on 12.09.2006 and
electricity disconnection was made on 04.10.2006 which is much after a period of 15
days, as such, order has been rightly passed, but both the courts have wrongly
interpreted the same by considering the judgment passed by the Apex Court in the
case of Pioneer Motors (Pvt. Ltd.) & Anr. vs. Municipal Council, reported in AIR
1967 SC 684 and also in the case of Andhra Pradesh Carbides Ltd. & Anr., vs. A.P.
State Electricity Board, Hyderabad & Ors., reported in AIR 1986 Andhra Pradesh,
37.
Mr. Mukesh Kumar Sinha, learned counsel for the petitioner has further
submitted that judgment which has been relied upon by the Electricity Ombudsman,
Jharkhand of 2010(4) PLJR passed by the Hon'ble High Court of Judicature at
Patna, but page number and name of the party has not been mentioned, as such,
notice may be issued to the respondent-Company.
Considering the same, let notice be issued to the sole Respondent-Company
[M/s Arihant Ingots Pvt. Ltd., having its registered office at 9 India Exchange
Place, Kolkata (West Bengal) and its works at Village: Hupad, Demotand,
Hazaribagh 825301 (Jharkhand) through its Director, Sri Anil Kumar Jain, S/o
Sri Gyan Chand Jain, R/o Club Road, Hazaribagh, P.O. & P.S. Hazaribagh,
District- Hazaribagh], under both process i.e. under Registered Cover with A/D as
well as under Ordinary process, for which, requisites etc., must be filed within one
week.
Put up this case after service of notice.
(Kailash Prasad Deo, J.)
Sandeep/
