M/S Bmc Metal Cast Ltd vs Jharkhand Urja Vikas Nigam ...
2023 Latest Caselaw 3465 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Letters Patent Appellate Jurisdiction)
                           L.P.A No. 140 of 2020

M/s BMC Metal Cast Ltd.                                  ...... Appellant
                           Versus
Jharkhand Urja Vikas Nigam Limited and others .... ... Respondents
                               With
                         L.P.A No. 143 of 2020

M/s BMC Metal Cast Ltd.                                  ...... Appellant
                          Versus
Jharkhand Urja Vikas Nigam Limited and others        .... ... Respondents

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
       HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

For the Appellant(s)             : Mr. M.S Mittal, Advocate
                                    Mr. Salona Mittal, Advocate
For the JUVNL                    : Mr. Mrinal Kanti Roy, Sr.SC
                                   Mr. Mukesh Kumar Sinha, Sr.SC
                                  ---------

Order No. 19/Dated: 12th September 2023

Mr. M.S Mittal, the learned senior counsel for M/s BMC Metal Cast Ltd. has raised four-fold contentions: (i) there is no condition in the 2010-11 tariff for grant of Voltate Rebate (ii) similar provisions existed in the 2004 tariff as well as the appellant was granted Voltage Rebate throughout (iii) there being no change in law, same benefit ought to have been given, and (iv) the order dated 25th May 2013 passed by the Consumer Grievance Redressal Forum, Chaibasa at Jamshedpur and the order dated 9th October 2013 passed by the learned Ombudsman are perfectly valid and did not invite any interference. It is submitted that the illegality of the aforesaid orders has not been discussed or referred at all in the impugned judgment.

2. On the other hand, Mr. Mukesh Kumar Sinha, the learned counsel for the JUVNL would submit that initially a notice under section 56 of the Electricity Act, 2003 was issued and in fact a component of the amount payable by M/s BMC Metal Cast Ltd. could not be realized by virtue of the order passed by this Court in W.P(C) No.1682 of 2015 read with L.P.A No.254 of 2015.

3. The submission raised at the Bar by the learned counsel for the JUVNL is that since there was a general order passed by this Court in a batch of cases in C.W.J.C No.1501 of 1999(R) and analogous cases some amount was kept in the energy bill at abeyance.

4. Post these matters on 4th October 2023 under the heading for "Orders".

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.)

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